LIBRARY 

BUREAU OF EDUCATION 



fi— 1132 







r-r. {-| O ■'. 



.. ••-' 



/ i 



\. 



^ AN'.' 






DIGEST . 



OF THE 



COMMON SCHOOL SYSTEM "^ 



OF THE 



STATE OF NEW-YORK/ 



TOGETHER WITH THE 



FORMS, INSTRUCTIONS, AND DECISIONS OF THE SUPERINTENDENT 

AN ABSTRACT OF THE VARIOUS LOCAL PROVISIONS APPLICABLE 

TO THE SEVERAL CITIES dtc; AND A SKETCH OF THE ORIGIN 

PROGRESS, AND PRESENT CONDITION OF THE SYSTEiVl 



/^ 

'T 



By S; S.RA.NDALL, 

GENERAL DEPUTY SUPERINTENDENT OF COMMON SCHOOLS 



ALBANY: 

PRINTED BY C. VAN BENTHUYSEN & Co. 
1844. 



7/ 



4 



^A337 
.hi 



:? 



[Entered according to the Act of Congress, in the year 1844, by 
S. S. Randall, in the Clerk's Office of the District Court of the 
United States for the Southern District of New- York.] 



N' 



•' 



e. 



\° 






PREFACE. 



In submitting the following work to the inhabitants and officers 
of school districts, the various town and county officers charged 
with the local administration of the common school system in its 
s'^veral departments, and the public generally, the compiler has 
oeen actuated by an earnest desire to diffuse as widely as possible, 
a more thorough and accurate knowledge of the history and details 
of that system than has hitherto appeared. Having been connected 
with the department of common schools for the past seven years, 
during which period three successive Superintendents h^ve been in 
office, and the system has undergone numerous important modifica- 
tions, the necessary materials for a complete digest of its various 
provisions, as well as for the requisite adaptation of the numerous 
expositions, decision^, and instructions of the department, to the 
present state of the law, were probably more fully within his reach 
than that of any other individual. 

The volume of Laws and Decisions prepared and published by 
Gen. Dix in 1837, however valuable for its intrinsic interest, and 
for its clear and lucid exposition of the fundamental principles of 
our system of public instruction, has become to a very great extent 
inapplicable to the existing details of that system; and ^here relied 
upon as a guide, by officers of districts, of towns and counties, must 
necessarily embarrass and mislead. The compiler of the present 
work has therefore deemed it his duty to obviate this result so far 
as may be in his power, by giving first, a general abstract of the 
existing provisions of law in reference to the powers, duties and 
liabilities of each class of officers connected with the administration 
of the system, and of the inhabitants of the several school districts; 
and secondly, a digested view under each head, of the various 
instructions, expositions, and ierisicns of the department, or rather 
of the principles of such instructions and decisions, in their appli- 
cation to the law as it now stands: followed by a condensed abstract 
of the various local provisions applicable to the several cities and 
larger to^vn«. 



IV PREFACE. 

A historical sketch of the origin and progress of the system from 
his inception to the present period, accompanied by a brief exposi- 
tion of its present condition, has been annexed to the work, with 
the design of rendering it more acceptable as well to om- own citi- 
zens as to those of other portions of the Union, who may feel an 
interest in tracing the gradual advancement of our legislation on 
this important subject, and in ascertaining the prominent features 
of our system, as moulded by the successive improvements conse- 
quent upon an experience of nearly forty years. 

The importance of an uniform and enlightened administration of 
a system embracing so great a variety of interests and forming so 
material an ingredient in the intellectual, moral, and social civiliza- 
tion of the community, has not been one of the least among the 
considerations which have led to the publication of this work: and 
if through its means any facilities shall have been aflorded for the 
accomplishment of this desirable result, the time and pains spent 
in its preparation will not have been regretted. That it is free from 
imperfections and errors it would be presumptuous to assert; but in 
commending it to those for whose use it is specially designed, and 
to the friends of popular education generally, the compiler can 
accompany it with the assurance that no efforts on his part have 
been spared to render it worthy of their attention and regard 

Albany, May, 1844. 



SECRETARY'S OFFICE, > 

Department of Common Schools. $ 

Albany, May 3, 1844. 
Having examined the following " Digest of the Common School 
System of the State of New York," I take pleasure in saying that 
it is a full and correct exposition of that system ; and entitled to 
the confidence of officers and inhabitants of school disti'icts. Town 
and County Superintendents of common schools, and others inter- 
ested in the cause of popular education. 

^ S. YOUNG, 

flw;j7 of Coimnon Schools. 



CONTENTS. 



INTRODUCTION. 

Pass. 

Oeiqw, Progress and present condition op the Common School System 
OF THE State of New York. • 7 

CHAPTER I. 

Of the School Fond and its Apportionment; 86 

CHAPTER II. 

Town Superintendents of Common Schools, 91 

1. Powers and duties of, in the formation and alteration of districts, 92 

Consent of trustees and notice of alteration, 94 

Notice for the organization of a new district, 96 

Appraisal and apportionment of district property, 97 

Formation and alteration of joint districts, 102 

General principles applicable to the formation and alteration of 

districts, 104 

2. Powers and duties of, in the apportionment of public money, •• 106 

3. Inspection of teachers and visitation of schools, 114 

4. Annual reports of, 130 

6. Penalties and forfeitures to be collected by, 123 

6. Miscellaneous duties of, 134 

7. Forms for use of, 128 

CHAPTER III. 

Inhabitants of School Districts, ••. 135 

1. Powers and duties of, when assembled in district meeting, 138 

2. Mode of Proceeding, 143 

3. Minutes and records of proceedings, 144 

4. Qualifications of voters at district meetings, 145 

6. Reconsideration of proceedings, 147 

6. Taxes to be specifically voted, 148 

7. Designation of site of school-house, 148 

8. Change of site, 149 

9. Building, hiring, purchasing and repairing school-house, and provi- 

ding furniture and appendages, • ^... 190 

CHAPTER IV. 

Trustees of School Districts, 157 

1. Duties of, in the receipt and application of public money, 169 

Application of moneys raised by or belonging to town, 161 

Division of teachers' money into portions, 162 

Account books for district, 163 

Apportionment, &c., of library money, 164 

2. Notice k.c. of annual and special meetings, 165 

3. Assessment and collection of district taxes, If? 

General provisions relative to, lo.; 

Tax-list, when to be macie out, 166 

How, and upon whom assessed, and for what property, 168 

Proceedings in case of unoccupied and unimproved non-resident 

lands, 173 

Persons and property exempt from taxation, 184 

When to be imposed by trustees without vote of district 185 

Form of tax list and warrant, 1S7 

"Warrants for collection of tax-lists and rate-bills. 188 



Vl . CONTENTS. 

_ ^ Pao» 

4. Furchase, custody and sale of school-houses and sites, the repair of 

such houses, and furnishing them with necessary fuel and appen« 

dages, 189 

Purchase, repair and custody of school-house, 189 

Sale of school-bouse and site, 191 

Modes of providing fuel, 192 

6. Employment and payment of teachers, and making and collecting 

rate-bills, 19S 

Contracts with teachers, 193 

Mode of making out rate-bill, 196 

6. Duties of, in reference to the district library, 309 

7. Annual reports of, 221 

When to be made, and contents of, ajl 

Forms of, Sec, 234 

8. Accounting to successors, paying over balances, and delivering up 
books, papers, &c., 228 

9. Suits by and against, 229 

Suits by trustees, 229 

Suits against trustees, • 230 

10. Miscellaneous provisions applicable to, •••• 335 

Schools for colored children, 338 

Collector's bond, 236 

Form of bond, 237 

CHAPTER V. 
BtttmcT Clerk, 339 

CHAPTER VI. 

CoLLZCTORS OF ScHOOL DISTRICTS, 243 

1. Jurisdiction of, 243 

2. Mode of proceeding in the execution of warrants, ••••■: 343 

CHAPTER VII. 
Librarian, ». 349 

J. Regulations prescribed by the Superintendent, 363 

CHAPTER VIII. 
Teachers, 299 

CHAPTER IX. 

UouwTT Super iNTEJTOENTS of Common Schools, 266 

1. Visitations and Inspections, 271 

2. Advising and consulting with trustees, &c., 275 

3. Annual reports of, 278 

4. Licensing of teachers and annulling their certificate,- 283 

6. Appeals to, &c., 286 

Regulations concerning, • 288 

6, Miscellaneous duties, 293 

CHAPTER X. 

Local Provisions, 299 

L Albany, 299 

2. Brooklyn, 302 

3. Buffalo, 303 

4. Hudson, 307 

5. New-York, 311 

6. Poughkeepsie, 319 

7. Rochester, 321 

8. Schenectady, 324 

9. Troy, ••• • 326 

10. Utica, 328 

11. Willirmsburgh, • 833 

Statc Normal School, 335 



INTRODUCTION. 



ORIGIN, PROGRESS, AND PRESENT CONDITION OF THE COMMON 
SCHOOL SYSTEM OF NEW- YORK. 

At the first meeting of the state legislature after the adoption 
of the Constitution, the governor, Geo. Clinton, called the 
attention of that body to the subject of education. The follow 
ing is an extract from his speech : 

" Neglect of the education of youth is one of the evils con- 
sequent upon war. Perhaps there is scarce any thing more 
worthy your attention than the revival and encouragement of 
seminaries of learning; and nothing by which we can more^ 
satisfactorily express our gratitude to the Supreme Being for his 
past favors ; since piety and virtue are generally the offspring 
of an enlightened understanding." 

In this year, the act incorporating the Regents of the Uni- 
versity was passed. 

In 1789 an act was passed, requiring the surveyor-general, 
to set apart two lots in each township, of the public land there- 
after to be surveyed, for gospel and school purposes. 

The following is an extract from the report of the Regents of 
the University, for 1793: 

*' On this occasion we cannot help suggesting to the legisla- 
ture the numerous advantages which we conceive would accrue 
to the citizens in general, froni the institution of schools in va- 
rious parts of the state, for the purpose of instructing children 
in the lower branches of education, sUch as reading their native 
language with propriety, and so much of writing and arithme- 
tic, as to enable them when they come forward into active life, 
to transact with accuracy and dispatch, the business arising 
from their daily intercourse with each other. The mode of ac- 
complishing this desirable object, we respectfully submit to the 
wisdom of the legislature. 

" The attention which the legislature has e\'inced to promote 
literature, by the liberal provision heretofore made, encourages 
with all deference, to suggest the propriety of rendering it per- 
manent by setting apart for that salutary purpose some of the 
unappropriated lands. The value of these will be enhanced by 
the increase of population. The state will thus never want the 
means of promoting useful science; and will thereby secure 
the rational happiness, and fix the liberty of the people on the 
most permanent basis — that of knowledge and virtue." 



8 COMMON SCHOOL SYSTEM 

At the opening of the session of the legislature in 1795, Gov. 
Clinton thus again alludes to the subject : 

" While it IS evident that the general establishment and libe- 
ral endowment of academies are highly to be commended, and 
are attended with the most beneficial consequences, yet it can- 
not be denied that they are principally confined to the children 
of the o^mlent, and that a great proportion of the community is 
excluded from their immediate advantages. The establishment 
of common schools throughout the state, is happily calculated 
to remedy this inconvenience, and will therefore engage your 
early and decided consideration.'' 

On the 9th of April, 1795, the " Act for the encouragement 
of schools" was passed, by which iE20,000 (,^^50,000) were 
annually appropriated for five years, " for the purpose of en- 
couraging and maintaining schools in the several cities and 
towns in this state, in which the children of the inhabitants re- 
siding in the state, shall be instructed in the English language, 
or be taught English grammar, arithmetic, mathematics, and 
such other branches of knowledge as are most useful and ne- 
cessary to complete a good English education." This sum was 
at first apportioned to the several counties according to their 
representation in the legislature, and afterw'ards according to 
the number of electors for members of assembly; and to the 
several towns according to the number of taxable inhabitants 
of each. The boards of supervisors were required to raise b^ 
tax upon each town, a sum equal to one-half of tha.t appropri- 
ated by the state, to be applied in like manner. While this bill 
was under discussion in the assembly, a motion to add a proviso, 
" that no town after receiving for one year its proportion of the 
moneys appropriated by the act, shall be entitled in any year 
thereafter to receive its proportion of the same, unless the free- 
holders and inhabitant'< of such town, should, at their next pre- 
ceding town-meeting, have voted a sum for the use of schools 
in such town, equal to at least one-half of the proportion of the 
moneys to which such town shall have been entitled by this act 
in the preceding year; and in case such sum shall not have been 
voted to be raised as aforesaid by any town, the supervisors of 
the county should apportion the moneys to which such town 
would otherwise have been entitled, among the other towns in 
such county, which should have voted for such sum " was re- 
jected, by a vote of 30 to 27, The adoption of this proviso, 
would have left it discretionary with the inhabitants of any town 
to comply with the requisitions of the act, and thereby entitle 
itself to receive its proportion of the public money; a measure 
subsequently resorted to, as will hereafter be seen, hut speedily 
abandoned on experience of its effects. 

The prominent features of the act of 1795, were the follow- 
ing; Not less than three, nor more than seven commissioners, 



OF THE STATE OF NEW-YORK. 9 

Were annually to be chosen by the electors of the respective 
towns, to whom were to be committed the supervision and di- 
rection of the schools, and the apportionment of public money 
among the several districts. The inhabitants residing in differ- 
ent sections of each town, were authorized " to associate to- 
gether for the purpose of procuring ^ood and sufficient school- 
masters, and for erecting and maintaining schools in such and 
so many parts of the town where they may reside, as shall be 
most convenient," and to appoint two or more trustees, who 
were directed to '' confer with the commissioners concerning 
the qualifications of the master or masters that they may have 
employed, or may intend to employ in their schools; and con- 
cerning every other matter which may relate to the welfare of 
their school, or to the propriety of erecting or maintaining the 
same, to the intent that they may obtain the determination of 
the said commissioners whether the said school will be entitled 
to a part of the moneys allotted to or raised in that town by virtue 
of this act, and whether the abilities and moral character of the » 
master or masters employed, or intended to be employed therein, 
are such as will meet with their approbation." The share of pub- 
lic money to be paid to each district, was to be apportioned by 
the commissioners, " according to the number of days for which 
instruction shall appear, by the annual report of the trustees, to 
have been given in each of the said schools, in such manner that 
the school in which the greater number of days of instruction 
shall appear to have been given, shall have a proportionably larg- 
er sum. And if it shall at any time appear to the said commis- 
sioners, that the abilities or moral character of the master or 
masters of any schools, are not such that they ought to be en- 
trusted with the education of the youth, or that any of the 
branches of learning taught in any school, are not such as are 
intended to receive encouragement from the moneys appropri- 
ated by this act, the said commissioners shall notify in writing 
the said trustees of such school thereof; and to the time of such 
notification, and no longer, shall any allowance be made to such 
school, unless the same thereafter be conducted to the approba- 
tion of th« said commissioners." The commissioners were re- 
quired to give to the trustees of each district, an order on the 
county treasurer for the sum to which the district was entitled. 
Provisions were also made for annual returns from the several 
districts, towns and counties. An abstract of these returns, 
from sixteen out of the twenty-three counties of the state, for 
the year 1798, shows a total of 1,352 schools, organized ac- 
cording to the act, in which 59,660 children were taught. 

At the opening of the session of the Legislature in 1800, Gov. 
Jay called the attention of both houses to the subject of com^ 
mon schools, in the following language : 



10 COMMON SCHOOL SYSTEM 

" Among other objects which will present themselves to you, 
; there is one which I earnestly recommend to your notice and 
patronage. I mean our institutions for the education of youth. 
The importance of common schools is best estimated by the 
good effects of them, where they most abound and are the best 
regulated." 

On the 25th of March of the same year, the assembly, by a 
vote of fifty-seven to thirty-six, adopted the following resolu- 
tion, offered by Mr. Comstock of Saratoga : 

" Resolved, That the ' Act for the encouragement of schools,' 
passed the 9th day of April, 1795, ought to be revised and 
amended; and that out of the annual revenue arising to this 
state from its stock and other funds, the sum of ^50,000 be an- 
nually appropriated for the encouragement of schools, for the 
term of five years." 

On the 3d of April, subsequently, a clause to this efifect was 
inserted in the annual supply bill, on Mr. Comstock's motion, 
by a vote of fifty-one to thirty-five. The senate, however, by 
a vote of nineteen to sixteen, struck out the clause. The house, 
on the return of the bill, at first refused to concur with the senate 
in this amendment, by a vote of forty -two to forty-one ; but sub 
sequently reconsidered its vote, and assented to the amendment, 
on the last day but one of the session. 

By an act passed on the 3d of April, 1801, the sum of $100,000 
was directed to be raised by lottery, of which one-half was or- 
dered to be paid into the treasury for the use of common schools; 
leaving to future legislatures the discretion of making such ap- 
plication of it as they might judge most conducive to the end 
in view. In order to promote so laudable an object, the legis- 
lature of 1803, by an act passed on the 6th of April, directed 
the comptroller to invest in good real estate, all such sums of 
money as had been or should thereafter be received from the 
proceeds of each lottery, for the term of two years. 

In 1802, the governor (Geo. Clinton,) again called the at- 
tention of the legislature to the subject of common schools. He 
observes, " The system of common schools having been discon- 
tinued, and the advantage to morals, religion, liberty and good 
government, arising from the general diffusion of knowledge 
being universally admitted, permit me to recommend this sub- 
ject to your deliberate attention. The failure of one experi- 
ment for the attainment of an important object, ought not to 
discourage other attempts." No legislative action, however, 
in reference to the subject, was had during the session of that 
year. 

In 1803, Gov. Clinton renewed his recommendation in the fol 
lowing energetic terms : *' The establishment of common schools 
has, at different times, engaged the attention of the legislature; 
but although its importance is generally acknowledged, a diver- 



OF THE STATE OF NEW- YORK. 11 

sity of sentiment respecting the best means, has hitherto pre- 
ycnted the accomplishment of the object. The diffusion of 
knowledge is so essential to the promotion of virtue and the pre- 
servation of liberty, as to render arguments unnecessary to ex- 
cite you to a perseverance in this laudable pursuit. Permit me 
only to observe, that education, by correcting the morals and 
improving the manners, tends to prevent those evils in society 
which are beyond the sphere of legislation." 

On the 2lst of February of that year, Mr. Peck, of Otsego, 
from the joint committee of both houses on this portion of the 
governor's speech, reported a bill authorizing the several towns 
to organize their schools, and to raise money to support the 
same. No definite action, however, took place upon it during 
the session of that year. 

In 1804, the governor again called the attention of the legis- 
lature to the subject. On the 3d of March, in that year, Mr. 
Peck, from the committee on that portion of the speech, again 
made a favorable report, accompanied by a bill, which, how- 
ever, shared the fate of its predecessor. 

At the extra session of the legislature, in November, 1804, 
Gov. Lewis brought the subject before that body, in the fol- 
lowing language : 

" I cannot conclude, gentlemen, without calling your atten- 
tion to a subject which my worthy and highly respected prede- 
cessor in office had much at heart, and frequently, I believe, 
presented to your view — the encouragement of literature. In 
a government, resting on public opinion, and deriving its chief 
support from the affections of the people, religion and morality 
cannot be too sedulously inculcated. To them, science is an 
handmaid; ignorance, the worst of enemies. Literary infor- 
rnation should then be placed within the reach of every descrip 
tion of citizens, and poverty should not be permitted to obstruct 
the path to the fane of knowledge. Common schools, under the 
guidance of respectable teachers, should be established in every 
villao-e, and the indigent be educated at the public expense. 
The higher seminaries also, should receive eVery patronage and 
support within the means of enlightened legislators. Learning 
would thus flourish, and vice be more effectually restrained than 
by volumes of penal statutes." 

On the 4th of February, 1805, Gov. Lewis transmitted a spe- 
cial message to the legislature in reference to this subject, in 
which he recommended the application of all the state lands for 
the benefit of colleges and schools; the whole fund and entire 
management of the system to be confided to the Regents of the 
University, under such regulations as the legislature might pre- 
scribe; the Regents to have the power of appointing three trus- 
tees for each district; who should be authorized to locate the 
sites for school houses, and to erect such houses wherever ne 



12 COMMON SCHOOL SYSTEM 

cessary, employ teachers, apply the funds of the district, and 
levy taxes on the inhabitants, for such further sums as might be 
required for the support of the school and the education of in- 
digent children. None of these suggestions, however, with the 
exception of the first, seem to have met with any favor at the 
hands of the legislature. 

On the 2d of April, the legislature passed an act providing 
that the nett proceeds of 500,000 acres of the vacant and unap- 
propriated lands of the people of this state, which should be first 
thereafter sold by the surveyor-general, should be appropriated 
as a permanent fund for the support of common schools; the 
avails to be safely invested until the interest should amount to 
^50,000; when an annual distribution of that amount should be 
made to the several school districts. This act laid the founda 
tion of the present fund for the support of common schools. 

By the act to incorporate the Merchants' Bank in the city of 
New-York, passed the same year, the state reserved the right 
to subscribe for three thousand shares of the capital stock of 
that institution, which, together with the accruing interest and 
dividends, were appropriated as a fund for the support of com- 
mon schools, to be applied in such manner as the legislature 
should from time to time direct. 

By acts passed March 13, 1807, and April 8, 1808, the comp- 
troller was authorized to invest such moneys, together with the 
funds arising from the proceeds of the lotteries authorized by 
the act of 1803, in the purchase of additional stock of the Mer- 
chants' Bank, and to loan the residue of the fund. 

No determinate action on the part of the legislature, in refe- 
rence to the establishment of a system of common schools, was 
had during the years, 1806-7-8-9 or 10. At the opening of 
the session in the latter year, Gov. To3ipkins thus alludes to 
the subject. 

'' I cannot omit this occasion of inviting your attention to the 
means of instruction for the rising generation. To enable them 
to perceive and duly to estimate their rights, to inculcate cor- 
rect principles and habits of morality and religion, and to ren- 
der them useful citizens, a competent provision for their educa- 
tion is all-essential. The fund appropriated for common schools 
already produces an income of about ^'26,000 annually, and is 
daily becoming more productive. It rests with the legislature 
to determine whether the resources of the state will justify a 
further augmentation of that appropriation, as well as to adopt 
such plan for its application and distribution, as shall appear 
best calculated to promote the important object for which it was 
oiiginally designed." 

On the 28th of February, of that year, the comptroller, in 
obedience to a resolution of the legislature, calling upon hira 
for information as to the condition of the school fund, reported 



OF THE STATE OF NEW-YORK. 13 

that the amount of receijits into the treasury up to that period, 
of monoys hclong-in^ to the iuiul, was jg; 151, 115. 09, of which 
$-29,100 had been invested in the capital s;ock of the Merchants' 
Bank, jjf'114,600 loaned in pursuance of hiw, and the residue re- 
mained in the treasury. 

In 1811, Gov. Tompkins again called the attention of the legis- 
lature to this subject; and a law was passed, authorizing the 
appointment by the governor, of live commissioners, to report 
a system for the organization and establishment of common 
schools. The commissioners appointed under this act were 
Jedediah Peck, John Murray, Jr., Samuel Russell, Roger Skin- 
ner, and Samuel Macomb. On the 14th of February, 1812, 
they submitted a report, accompanied by the draft of a bill, com- 
prising substantially the main features of our common school 
system, as it existed up to the year 1838. In the bill, as it ori- 
ginally passed, the electors of each town were authorized to de- 
termine at their annual town meeting, whether they would ac- 
cept their shares of the money apportioned by the state, and di- 
rect the raising of an equal amount on thiir taxable property. 
So embarrassing, however, was the practical operation of this 
feature of the system, that on the recommendation of the super- 
intendent, Gideon Hawley, Esq., it was stricken out; and each 
county required to raise by tax an amount equal to that appor- 
tioned by the slate. 

The following are extracts from the report of the commis- 
sioners : 

'' Perhaps there never will be presented to the legislature a 
subject of more importance than the establishment of common 
schools. tZEducation, as the means of improving the moral and 
intellectual faculties, is, under all ciicumstances, a subject of 
the most imposing consideration. To rescue man from that 
state of degradation to which he is doomed, unless redeemed 
by education; to unfold his physical, intellectual, and moral 
powers; and to tit him for those high destinies which his Crea- 
tor has prepared for him, cannot fail to excite the most ardent 
sensibility of the philosopher and philanthropist."] A compari- 
son of the savage that roams through the forest, wiTn the enlight- 
ened inhabitant of a civilized country, would be a brief but im- 
pressive representation of the momentous importance of edu- 
cation. 

" It were an easy task for the commissioners to show, that in 
proportion as every country has been enlightened by education, 
so has been its prosperity. |^3Vhere the heads and hearts of men 
are generally cultivated and improved, virtue and wisdom must 
reign, and vice and ignorance must cease to prevail. Virtue 
and wisdom are the parents of private and public felicity : vice 
and ignorance, ol private and pmblic misery. 



14 COMMON SCHOOL SYSTEM 

/T^ " If education be the cause of the advancement of other na- 
tions, it must be apparent to the most superficial observer of our 
peculiar political institutions, that it is essential, not to our 
prosperity only, but to the very existence of our government/! 
Whatever may be the effect of education on a despotic or monar^ 
chical government, it is not absolutely indispensable to the ex- 
istence of either. In a despotic government, the people have 
no agency whatever, either in the formation or in the execution 
of the laws. They are the mere slaves of arbitrary authority, 
holding their lives and property at the pleasure of uncontrolled 
caprice. As the will of the ruler is the supreme law; fear, 
slavish fear, on the part of the governed, is the principle of de- 
spotism. It will be perceived readily, that ignorance on the 
part of the people can present no barrier to the administration 
of such a government; and much less can it endanger its exist- 
ence. [In a monarchical government, the operation of fixed 
laws is intended to supersede the necessity of intelligence in 
the people. But in a government like ours, where the people. is 
the sovereign power; where the will of the people is the law of 
the land; which will is openly and directly expressed; and 
where every act of the government may justly be called the 
act of the people; it is absolutely essential that that people 
be enlightened. They must possess both intelligence and vir- 
tue : intelligence to perceive what is right, and virtue to do what 
is right. Our republic, therefore, may .justly be said to be found- 
ed on the intelligence and virtue of the people. For this rea- 
son, it is with much propriety that the enlightened Montesquieu 
has said, ' in a republic the whole force of education is required.* 
'* The commissioners think it unnecessary to represent in a 
stronger point of view, the importance and absolute necessity 
of education, as connected either with the cause of religion and 
morality, or with the prosperity and existence of our political 
institutions. As the people must receive the advantages of edu 
cation, the inquiry naturally arises, how this end is to be attain- 
ed. [The expedient devised by the legislature, is the establish- 
ment of common schools; which being spread throughout the 
state and aided by its bounty, will bring improvement within 
the reach and power of the humblest citizen.^ This appears to 
be the best plan that can be devised to disseminate religion, mo- 
rality, and learning throughout a whole country. All other 
methods, heretofore adopted, are partial in their operation and 
circumscribed in their effects. Academies and universities, un- 
derstood in contradistinction to common schools, cannot be con- 
sidered as operating impartially and indiscriminately, as regards 
the country at large. The advantages of the first are confined 
to the particular districts in, which they are established; and the 
second, from causes apparent to every one, are devoted almost 
exclusively to the rich. In a free government, where political 



OF THE STATE OF NEW- YORK. 15 

equality is established, and where the road to preferment is 
open to all, there is a natural stimulus to education; and 
accordingly we find it generally resorted to, unless some great 
local impediments interfere. In populous cities, and the parts 
of the country thickly settled, schools are generally established 
by individual exertion. In these cases, the means of education 
are facilitated, as the expenses of schools are divided among a 
great many. It is in the remote and thinly populated parts of 
the state, where the inhabitants are scattered over a large ex- 
tent, that education stands greatly in need of encouragement. 
The people here, living far from each other, makes it difficult 
so to establish schools, as to render them convenient or accessi- 
ble to all. Every family, therefore, niust either educate its own 
children, or the children must forego the advantages of edu- 
cation. 

"These inconveniences can be remedied best by the esta- 
blishment of common schools, under the direction and patron- 
age of the state. In these schools should be taught, at least, 
those branches of education which are indispensably necessary 
to every person in his intercourse with the world, and to the 
performance of his duty as a useful citilzen, Reading, writing, 
arithmetic, and the principles of morality, are essential to €very 
person, however humble his situation in life. Without the first, 
it is impossible to receive those lessons of morality, which are 
inculcated in the writings of the learned and pious ; nor is it 
possible to become acquainted with our political constitutions 
and laws; nor to decide those great political questions, which 
ultimately are referred to the intelligence of the people. Writ- 
ing and arithmetic are indispensable in the management of one's 
private affairs, and to facilitate one's commerce with the world. 
Morality and religion are the foundation of all that is truly great 
and good, and are consequently of primary importance. A per- 
son provided with these acquisitions, is enabled to pass througk 
the world respectably and successfully. If, however, it be his 
intention to become acquainted with the higher branches of sci- 
ence, the academies and universities established in different 
parts of the state are open to him. In this manner, education 
in all its stages is offered to the citizens generally. 

'' In devising a plan for the organization and establishment of 
common schools, the commissioners have proceeded with great 
care and deliberation. To frame a system which must directly 
affect every citizen in the state, and so to regulate it, as that it 
shall obviate individual and local discontent, and yet be gene- 
rally beneficial, is a task, at once perplexing and arduous. To 
avoid the imputation of local partiality, and to devise a plan, 
operating with equal mildness and advantage, has been the ob- 
ject of the commissioners. To effect this end, they have con- 
sulted the experience, of others, and resorted to every probable 



16 COMMON SCHOOL SYSTEM 

source of intelligence. From neighboring states, where com- 
mon school systems are established by law, they have derived 
much important information. This information is doubly valu- 
able, as it is the result of long and actual experience. The 
commissioners by closely examining the rise and progress of 
those systems, have been able to obviate many imperfections, 
otherwise inseparable from the novelty of the establishment, 
and to discover the means by which they have gradually risen 
to their present condition. 

" The outlines of the plan suggested by the commissioners 
are briefly these : that the several towns in the state be divided 
mto school districts, by three commissioners, elected by the 
citizens qualified to vote for town officers : that three trustees 
be elected in each district, to whom shall be confided the care 
and superintendence of the school to be established therein : 
that the interest of the school fund be divided among the diffe- 
rent counties and towns, according to their respective popula- 
tion, as ascertained by the successive census of the United 
States : that the proportions received by the respective towns be 
subdivided among the districts into which such towns shall be 
divided, according to the number of children in each, between 
the ages of five and fifteen years: that each town raise by tax 
annually as much money as it shall have received from the 
school fund : that the gross amount of moneys received from 
the state and raised by the towns, be appropriated exclusively 
;o the payment of the wages of the teachers : and that the whole 
system be placed under the superintendence of an officer ap- 
pointed by the Council of Appointment." 

******* 

" Let us suppose that the school fund were arrived at that 
point where by law it is to be divided. There will then be 
$•50,000 of public money to be distributed among the schools; 
and as by the contemplated plan a sum is to be raised annually 
by tax, equal to the interest of the school fund, the gross amount 
7f moneys which the schools will receive will be ^100,000. 
There are in this state forty-five counties, comprising, exclu- 
sively of the cities, four hundred and ibrty-nine towns. It will 
be very evident, therefore, that the proportion of each town 
must be necessarily small. As, however, the school districts 
are authorized to raise by tax a sum sufficient to purchase a lot, 
on which the school house is to be built, to build the scho»i 
house and keep the same in repair, and as the school moneys 
are devoted exclusively to the payment of teachers' wages, the 
sum, however small, which each district will be entitled to, will 
be from these considerations so much the more efficacious. It 
will, however, be evident to (he legislature, that the funds ap- 
propriated from the state for the support of the common school 
system, will, alone, be very inadequate. And the commission- 



OF THE STATE OF NEW-YORK. 17 

ers are of opinion that the fund, in any stage of it, even when 
the residue of the unsold lands shall be converted into money, 
bearing an interest, never will be, alone, adequate to the main- 
tenance of common schools; as the increase of the population 
will probably be in as great if not a greater ratio than that of 
the fund. But it is hardly to be imagined that the legislature 
intended that the state should support the whole expense of so 
great an establishment. The object of the legislature, as un- 
derstood by the commissioners, was to rouse the public atten- 
tion to the important subject of education, and by adopting a 
system of common schools, in the expense of which the state 
would largely participate, to bring instruction within the reach 
and means of the humblest citizen. And the commissioners 
have kept in view the furtherance of this object of the legisla 
ture; for by requiring each district to raise by tax a sum sutfi- 
cient to build and repair a school house, and by allotting the 
school moneys solely to the payment of the teacher's wages, 
they have in a measure supplied two of the most important 
sources of expense. Thus every inducement will be held out 

to the instruction of youth." 

*****#■» 

*' The legislature will perceive in the system contained in the 
bills submitted to their consideration, that the commissioners 
are deeply impressed with the importance of admitting, under 
the contemplated plan, such teachers only as are duly qualified. 
The respectability of every school must necessarily depend on 
the character of the master. To entitle a teacher to assume the 
control of a school, he should be endowed with the requisite 
literary qualifications, not only, but with an unimpeachable 
character. He should also be a man of patient and mild tem- 
perament. ' A preceptor,' says Rousseau, ' is invested with the 
rights, and takes upon himself the obligations of both father 
and mother.' And Quintillian tells us, ' that to the requisite 
literary and moral endowments, he must add the benevolent dis- 
position of a parent.' " 

"When we consider the tender age at which children are 
sent to school; the length of the time they pass under the direc- 
tion of the teachers ; when we consider that their little minds 
are to be diverted from their natural propensities to the artifi- 
cial acquisition of knowledge; that they are to be prepared for 
the reception of great moral and religious truths — to be inspired 
with a love of virtue and a detestation of vice ; we shall forci- 
bly perceive the absolute necessity of suitable qualifications on 
the part of the master. As an impediment to bad men getting 
into the schools, as teachers, it is made the duty of the town 
inspectors strictly to inquire into the moral and literary qualifi- 
cations of those who may be candidates for the place of teacher. 

2 



18 COMMON SCHOOL SYSTEM 

And it is hoped that this precaution, aided by that desire which 
generally prevails, of employing- good men only, will render it 
unnecessary to resort to any other measure. 

*' The comrnissionerSj at the same time that they feel im- 
pressed with the importance of employing teachers of the cha- 
racter above described, cannot refrain from expressing their 
solicitude, as to the introduction of proper books into the con- 
templated schools. This is a subject so intimately connected 
with a good education, that it merits the serious consideration 
of all who are concerned in the establishment and management 
of schools. Much good is to be derived from a judicious selec- 
tion of books, calculated to enlighten the understanding, not 
only, but to improve the heart. And as it is of incalculable 
consequence to guard the young" and tender mind from receiv- 
ing fallacious impressions, the commissioners cannot omit men- 
tioning this subject as a part of the weighty trust reposed in 
them. Connected with the introduction of suitable books, the 
commissioners tr>ke the liberty of suggesting that some obser- 
vations and advice touching the reading of the Bible in the 
schools might be salutary. In order to render the sacred vo- 
lume productive of the greatest advantage, it should be held in 
a very different light from ihat of a common school book. It 
should be regarded as a book intended for literary improve- 
ment, not merely, but as inculcating great and indispensable 
moral truths also. With these impressions, the commissioners 
are induced to recommend the practice introduced into the New- 
York Free School, of having select chapters read at the open- 
ing of the school in the morning, and the like at the close in 
the afternoon. This is deemed the best mode of preserving the 
religious regard which is due to the sacred writings.'* 

" The commissioners cannot conclude this report without ex- 
pressing once more their deep sense of the momentous subject 
committed to them. If we regard it as connected with the 
cause of religion and morality merely, its aspect is awfully so- 
lemn. But the other view of it already alluded to, is sufficient 
to excite the keenest solicitude in the legislative body. It is a 
subject, let it be repeated, intimately connected with the per- 
manent prosperity of our political institutions. The American 
empire is founded on the virtue and intellig-ence of the people. 
But it were irrational to conceive that any form of government 
can long exist without virtue in the people. Where the largest 
portion of a nation is vicious, the government must cease to ex- 
ist as it loses its functions. The laws cannot be executed where 
every man has a personal interest in screening and protecting 
the profligate and abandoned. When these are unrestrained by 
the wholesDme coercion of authority, they give way to every 
species of excess and crime. One enormity brings on another, 



OF THE STATE OF NEW-YORK. 19 

until the whole community, becoming corrupt, bursts forth into 
some mighty change, or sinks at once into annihilation. ' Can 
it be,' ?aid Washington, 'that Providence has not con- 
nected the permanent felicity of a nation with its virtue.' The 
experiment, at least, is recommended by every sentiment which 
ennobles human nature. 

" And the commissioners cannot but hope that that Being 
who rules the universe in justice and in mercy, who rewards 
virtue and punishes vice, will most graciously deign to smile 
benignly on the humble efforts of a people, in a cause purely 
his own; and that He will manifest this pleasure in the lasting 
prosperity of our country." 

We cannot deem any apology necessary for the space occu- 
pied by these extracts from this admirable report : shadowing 
forth as it does the great features of that system of public in- 
struction subsequently adopted, and successfully carried into 
execution; and laying down in language at once eloquent and 
impressive, those fundamental principles upon which alone any 
system of popular education, in a republic like ours, must be 
based. The leading features of the system proposed by the 
commissioners, were adopted and passed into a law by the le- 
gislature, during the session of 1812, with the exception of leav- 
ing it discretionary with the electors of the several towns after 
the first distribution of public money, to receive their share and 
to raise an equal amount by tax, or to dispense alike with the 
burden and the benefits of the legal provisions, by vote at their 
annual town meetings. 

On the organization of the system, Gideon Haw ley, Esq., 
tlien of the county of Saratoga, was appointed by the Council 
of Appointment, Superintendent of Common Schools. 

On the fourth day of February, 1814, the first annual report 
of Mr. Hawley, as Superintendent of Common Schools, was 
transmitted to the legislature; in which he informs that body 
that in pursuance of the act for the establishment of common 
schools, passed on the 19th of June, 1812, he had at the com- 
mencement of the preceding year given due notice of an intend- 
ed distribution of the interest of the school fund, and that by 
means of such notice, that act had been carried into operation 
so far as depended upon him ; that although no official returns 
had been received from which an estimate might be formed of 
the beneficial operation of the act, yet that satisfactory evidence 
had been obtained, that in many cases its operation had been 
prevented by the refusal or neglect of towns to comply with its 
provisions; and that in other cases where such compliance had 
been made, and the act thereby carried into effect, its operation 
had been much embarrassed by difficulties, arising, as was be- 
lieved, from the imperfection of its provisions; that notwith- 
standing these obstacles and embarrassments, its influence had 



20 , COMMON SCHOOL SYSTEM 

already proved very salutary, and that with the aid of legisla- 
tive atDendment, it promised to yield all that encoiirng-eraent to 
common schools which it was designed to give. " It was not 
to be expected," continues the Superintendent, "that any sys- 
tem for the establishment of common schools could be devised, 
which in its first form should be wholly free from imperfections; 
and accordingly it has been found that the existing law for the 
establishment of such a system is, in some respects, defective 
in its provisions, and obscure and doubtful in its meaning." 
The report goes on to suggest such amendments as were deem- 
ed requisite in various particulars, not necessary to enumerate 
here. The operation, however, of that portion of the law which 
left it optional with the several towns to comply with its condi- 
tions and participate in its benefits, or not, as the inhabitants at 
their annual town meeting might determine, is worthy of spe- 
cial notice. We quote from that portion of the report which 
examines this feature of the system. 

" The fifth section of the act provides that such towns in 
every county as shall have complied with the law, by directing 
their supervisors to levy on them the sum required by the act to 
entitle them to their proportion of the public money , shall receive 
by apportionment, from the board of supervisors, the Avliole 
dividend of the county, according to their respective popula- 
tion, to the exclusion of such towns as shall not have complied 
with the law. By a subsequent part of the same section, it is 
further provided that the sum required to be raised on each 
town, to entitle it to a share of the public money, must be equal 
to the sum apportioned to such town by the board of supervi- 
sors. By the operation of these several provisions in the act, 
the case may be that a single town in a county shall be en- 
titled to receive the whole dividend for such county; and al- 
though this sum shall be more than sufficient, (as in ordinary 
cases it will be,) to support all its schools, it must nevertheless 
be subjected by tax to the payment of an additional sum equal 
in amount to the sum it is entitled to receive; and this additional 
sum must, in law, be applied to the support of its schools, Avhich 
may have had (and in ordinary cases will have had) an excess 
of support already. Although the case here supposed has not 
yet occurred, to the knowledge of the Superintendent, there is 
nevertheless good reason to believe it will occur; satisfactory 
evidence having been obtained, that in some counties but few 
towns have complied with the law, or shown any disposition to 
comply therewith. The mischief herein complained of, may be 
remedied by providing that the board of supervisors shall not, 
in any case, raise by tax on any town, a sura exceeding the sum 
which such town shall be entitled to receive out of the county 
dividend, if all the towns in the county had complied with the 
law." 



OF THE STATE OF NEW-YORK. 21 

*' It will be found by inspection of the act, that one of its 
principal features is the provision which gives every town an 
election, either to comj)]y with the act and receive its benefits, 
and bear its burdens, or to refuse such compliance, and thereby 
forep;o its benefits, and avoid its burdens. In the exercise of 
tiiis choice, it has already been observed that many towns have 
refused to comply with the act, and it is believed they will gene- 
rally persist in such refusal, and that some other towns which 
have already complied with the law, will endeavor to retract 
their compliance. By allowing- such an option to every town, 
the operation of the act depending on the pleasure, and not un- 
frequently the caprice of a few individuals, will be always par- 
tial and fluctuating; it will, moreover, be embarrassed by all 
the difficulties which are naturally connected with instability of 
system and intricacy of form. It is therefore submitted whether 
this provision in the act may hot be so amended as to make it 
obligatory on towns to comply with the act, and also on the 
board of supervisors of the several counties to levy on their re- 
spective towns, a sum equal to the sum which shall be appor- 
tioned to such towns out of the public money to be distributed." 
This suggestion was adopted by the legislature, and the act 
amended in this and various other respects, in conformity to the 
recommendation of the Superintendent. 

On the' 11th of February, 1815, Mr. Hawley tTansmitted to 
the legislature his second annual report as Superintendent. The 
returns which had been made to him from the several counties 
were, however, so few in number, and in general so extremely 
defective in substance, and inartificial in form, that he did not 
deem it advisable to communicate them to the legislature, pre- 
ferring to defer the performance of the duty required of him 
in this respect, until more perfect returns, in accordance with 
forms and instructions to be prepared by him, should enable 
him to discharge it more beneficially to the public. " The 
neglect of many of the commissioners of common schools, and 
other subordinate officers under the act," says the Superintend- 
ent, '' in not making the returns required of them by law, and 
the manner in which others who have undertaken to make the 
necessary returns have discharged their duty, betray in some 
cases, a want of care and interest in the concerns of common 
schools, and generally a very great degree of embarrassment 
in conducting their operations. The Superintendent has also 
learnt from other sources, and especially from the frequent ap 
plication to him for advice, that a very great degree of embar- 
rassment has been felt by most persons who have any charge 
under the act for the establishment of schools. He has also ob- 
served that there has not as yet been excited that general inte- 
rest in behalf of the establishment of common schools by law, 
which the importance of it might seem calculated to inspire. 



22 COMMON SCHOOL SYSTEM 

It ought not, however, to be inferred from these or any other 
facts which have come to his knowledg^e, that the system of 
common schools established by law will not fulfil the beneficial 
ends of its institution, or that the reasonable expectations of its 
founders have yet been disappointed. It was not a reasonable 
expectation that the prejudices of the community would imme- 
diately subside, and their feelings fall in with a system which, 
being altogether new in its provisions, was untried in its opera- 
tions. Nor was it reasonable to expect of such a system, that 
it would immediately fulfil all the beneficial ends of its institu- 
tion. The system of common schools, like every other system 
which arrives to perfection, must be gradual in its growth; in 
its infancy it should be cherished with tenderness and care, and 
it ought not to be lightly discarded because it wants maturity, 
belore it has had time to attain it. It is well known that most 
of the difficulties which now embarrass the concerns of com- 
mon schools, and which, in the opinion of some, preclude tlie 
expectation of any beneficial result, do not arise so much from 
any defect in the system established by law, as from an igno- 
rance of the duties rt^quired under that system, and the unac- 
customed nature of its operations. But when time shall have 
removed the cause of this difficulty, as by the aid of occasional 
instructions it most infallibly will do, and shall have given (o 
this system what constitutes the perfection of almost every 
other — a long establishment — there is a moral certainty that 
the beneficial ends of its institution will be fulfilled, and the ex- 
pectations of its founders fully realized." The Superintendent 
proceeds to suggest a few additional amendmerts to the act con- 
cerning common schools, and concludes with some observations 
in reference to the investment of the school fund. 

On the first day of April, 1816, the Superintendent transmit- 
ted his third annual report, from which it appeared that returns 
relative to the condition of the schools had been made to him 
from 338 towns in thirty- six of the forty-six counties then in the 
state; that the whole number of districts from which reports 
had been received by the commissioners, in confoimity to law, 
was 2,631 ; that the whole number of children between the ages 
of five and fifteen in said districts, was 176,449; and that 140,106 
had been under instruction during a portion of the year reported 
in the common schools. The Superintendent, however, observes : 
** The returns not being comi)lete, and many of them being- 
defective in some one or more of their necessary requisites, it 
is difficult to form any certain estimate from them. Taking, 
however, the most correct and full returns for a criterion, it 
would appear that there are within the state, about five thousand 
districts in which common schools are established; that the 
number of children taught in them is at least two hundred 
thousand; and that the number of children between tlie ages of 



OF THE STATE OF NEW- YORK. 23 

five and fifteen years, residin£^ in those districts, is about two 
hundred and fifty thousand. The city of Albany, and the city 
and county of New-York, not being divided into school dis- 
tricts under the act, are not included in this estimate." These 
being the first statistical returns under the act of 1812, it may 
not be uninteresting to contrast them with those for the year 
1842, after the lapse of thirty years. The whole number of 
school districts is now about eleven thousand; the number of 
children between the ages of five and sixteen, is about six hun- 
dred and fifty thousand, of which not less than six hundred 
thousand are under instruction during the whole or a portion of 
the year in common schools. 

But to resume our quotation from Mr. Hawley's report: — 
" The Superintendent has also had the satisfaction to learn from 
other sources, that the establishment of common schools by law 
has already produced many great and beneficial results. The 
number of schools has been increased; many school houses 
have been built; more able teachers employed, and much of 
that interest which ought to be felt in behalf of common schools, 
has been generally excited. The beneficial operation of the 
act has also been visible in the pecuniary aid which many 
schools have derived from it. A perpetual annuity of twenty 
dollars, which is the average sum received by each district 
under the act, ought not to be considered a trifle unworthy of 
any account. It has been very sensibly felt, especially in those 
districts where, from the inability of the inhabitants, or from 
any other cause, common schools have not been kept open for 
the whole year; and when the revenue of the fund shall have 
attained its full growth, the distributive share of each district 
will be so much more considerable, that the munificence of the 
legislature cannot fail to be more gratefully acknowledged. 

" But the great benefit of the act does not lie in any pecu- 
niary aid which it may afford. The people of this state are, 
in general, able to educate their children without the aid of any 
pul3lic gratuity; and if they fail in this respect, it is owing more 
to their want of proper schools than of sufficient means. The 
public gratuity is important, as it tends to excite an interest in 
the affairs of common schools which might not otherwise be 
felt, and is also beneficial in many other respects. But the 
great benefit of the act consists in securing the establishment 
of common schools, wherever they are necessary; in organiz- 
ing them on a suitable and permanent foundation, and in guard- 
ing them against the admission of unqualified teachers. These 
were the great ends proposed in the establishment of common 
schools by law; and under the wise and liberal policy of the 
legislature, these ends have been so far accomplished as to war- 
rant full faith in their final complete attainment." 



24 COMMON SCHOOL SYSTEM. 

On the 12th of March, 1817, Mr. Hawley transmitted to the 
legislature his fourth annual report, in which he states that " the 
returns which have been made to him during the last year, from 
most of the counties of the state, afford satisfactory evidence 
of a progressive increase in the number of common schools, 
and a corresponding improvement in their condition. It is 
ascertained with sufficient certainty, that there are within the 
state, exclusive of the city and county of New- York, at least 
five thousand common schools, which have been organized and 
kept up under the act for their establishment; and that the 
number of children annually taught in them exceeds two hun- 
dred thousand." 

In his fifth annual report, under date of March 16, 1818, the 
Superintendent informs the legislature, ihat from the returns 
made to him during the preceding year, it appeared that there 
were more than five thousand common schools, in which were 
annually taught upwards of two hundred thousand children, the 
returns not being sufficiently full and definite to enable him to 
speak with more precision. " On comparing the returns of 
common schools, however, for different years, it appeared that 
in almost every district a greater proportion of the children 
between the ages of five and fifteen years have been taught, 
and a regular school supported for a longer time in every suc- 
ceeding year, than in the preceding one. To this result, so 
favorable to the establishment of common schools by law, it 
may be added — and it has not escaped the most transient 
observer — that under the operation of this system, better 
teachers have been employed, a new and more respectable cha- 
racter given to our common schools, and a much greater inte- 
rest excited in their behalf." 

" It is now more than five years," continues the Superin- 
tendent, *' since common schools were established by law. 
The first act of the legislature was passed in 1812. Soon after 
this act was carried into operation, it was discovered to be 
defective in many of its provisions. To supply this defect, and 
to add some provisions which were deemed necessary, a new 
act was passed in 1814. This act was also found on trial to be 
imperfect, and in the following year it underwent sundry 
amendments. Since that time, the system founded on the act 
of 1814, and the amendments of 1815, has remained unaltered; 
nor has a practice of three years under it discovered any very 
great defects. It was not, however, to be expected, even after 
the amendments of 1815, that the system would be found com- 
plete and perfect in all its details; on the contrary, it was to be 
expected of this as of every other new and untried system, that 
time would develop many imperfections which had not been 
foreseen." The Superintendent proceeds to suggest several 
particulars of the system which, in his judgipent, required 



OF THE STATE OF NEW- YORK. 25 

amendment; and adds, " although when a system is once esta 
blished it is not advisable to subject it to frequent revision and 
amendment, Avithout urgent cause — yet as the system of com 
mon schools might be improved in these and other respects not 
adverted to, and it will be necessary, at least, to consolidate the 
different acts on the subject, the propriety of revisiwg the whole 
system and amending- it in some of its subordinate parts, is 
respectfully submitted." The residue of the report is devoted 
to a consideration of the Lancasterian system of education, the 
mtroduction of which, into the common schools, had been 
strongly recommended by the governor, (De Witt Clinton,) in 
his speech at the opening of the session. The peculiar excel- 
lencies of this system were clearly and distinctly pointed out by 
the Superintendent, and its adoption, especially in all the larger 
schools in cities and villages, urgently and ably enforced. 
Under the impetus thus given, Lancasterian schools were esta- 
Dlished in many portions of the state, and societies incorpo- 
rated, several of which are still in existence, having for their 
object the introduction and promotion of the system of Bell and 
Lancaster, then at its zenith of popularity. Experience, how- 
ever, failed to realize the sanguine anticipations of those friends 
of education who saw in the general adoption of this system, 
the commencement of a new and brighter era in the science of 
elementary instruction; and after an ephemeral and sickly ex- 
istence, these institutions, from which such favorable results 
were expected, languished, and with few exceptions, disap- 
peared. Whether the failure of this experiment resulted from 
inherent defects in the monitorial system of instruction, from 
its want of adaptation to the peculiar genius of our people, or 
from an inability on the part of those to whom its administra- 
tion was committed, to carry into effect the plan of its founders 
and the views of its advocates, is still an unsettled question. 

On the 17th of February, 1819, the Superintendent transmitted 
to the legislature his sixth annual report. From the returns 
which had been made to him during the preceding year, it 
appeared that in four hundred and two towns, from which only 
returns had been received, there were 4,116 common schools 
organized under the act for their establishment, and that in 3,844 
of these schools, from which only particular district returns 
had been received, there had been taught during the year, 
210,316 children. From one hundred and fifty eight towns no 
returns had been received, and from many of the reporting 
towns the returns were to a considerable extent deficient. 
" Allowing the towns from which no returns have been made, 
to have the same number of schools in proportion to their popu- 
lation and extent, as other towns of equal extent and population 
from which returns have been made, the whole number of com- 
mon schools in this state, organized and permanently established 



26 COMMON SCHOOL SYSTEM 

under the act of the legislature, may be estimated at nearly six 
thousand; and the number of children annually taught in them, 
in the various branches of elementary education, at nearly two 
hundred and fifty thousand. This great increase and prosperity 
of our common schools," continues the Superintendent, "is 
evidently the result of the wise and liberal policy adopted by 
the legislature for their encouragement and support. On com- 
paring the returns of schools made for different years since 
their first establishment by law, it appears that they have 
increased in a much greater ratio than the increase of popula- 
tion, and that their condition, which was before stationary, has, 
under tho salutary operation of the law for their establishment, 
been rapidly and substantially improved. From the earliest 
returns made under the act, it appears that the number of chil- 
dren taught was not more than four-fifths of the number between 
the ages of five and fifteen years. From subsequent returns, it 
appears that the children taught had increased to five-sixths of 
that number. But from the last returns it appears that the num- 
ber of children now taught is equal to seven- eighths of the 
number between the ages of five and fifteen years. From the 
same comparison it also appears, that the average length of time 
for Avhich schools have been kept in each year, since their first 
establishment by law, has increased in about the same ratio as 
the number of children taught. The same data also afford evi- 
dence that common schools have risen in public estimation, an4 
received a degree of care and attention to their concerns, cor- 
responding with their increase and prosperity. If these results 
were the only evidence of a beneficial operation in the system 
of common schools provided by law, they would be sufficient 
to establish the public confidence in the policy of that system, 
and to secure it a permanent duration. But it is well known, 
although it does not appear from any data in the returns, that 
the system has produced other results not less in magnitude oi 
merit. It has secured our schools against the admission of 
unqualified teachers, by requiring them to submit to examina- 
tion before a public board of inspectors, and to obtain from 
them a certificate of approbation, before they can legally be 
employed. It has imparted to common schools a new and more 
respectable character, by making them a subject of legal notice, 
and investing them with powers to regulate their own concerns. 
It has corrected many evils in the discipline and government of 
schools, not only by excluding unqualified teachers, but by sub- 
jecting the schools and course of studies in them, to the fre- 
quent inspection of public officers. It has founded schools in 
places where, by conflicting interests, or want of concert in the 
inhabitants, none had been before established ; and it has, by iti 
pecuniary aid, enabled many indigent children to receive the 
benefits of education, which would not otherwise have been 



OF THE STATE OF NEW-YORK. 27 

within their reach. The system having already fulfilled so many 
of the beneficial ends of its institution, and it being now only 
six years since it was first organized and carried into operation, 
it is warrantable to infer that all the expectations of its founders 
will in due time be realized." 

The Superintendent renews his recommendation for a revision 
and consolidation of the several enactments relating to common 
schools. His suggestions in this respect were adopted by the 
legislature, and on the 19th of April following, the *' Act for 
the support of Common Schools" was re-enacted, with the 
various amendments which had from time to time been made, 
and such as were suggested by Mr. Hawley in his reports for 
the two preceding years. The publication of the revised act 
was accompanied by an able exposition of its various provi- 
sions, from the pen of Mr. Hawley, and with complete forms 
for the several proceedings required under it by the several 
officers connected with its administration. 

On the 21st of February, 1820, Mr. Hawley transmitted to th« 
legislature his seventh annual report. He states " that the 
returns of common schools for the last year are much more full 
and satisfactory than any before received;" that from these 
returns it appeared that in 515 towns, there were 5,763 common 
schools organized according to law, and that in 5,118 of these 
schools, from which only particular district returns had been 
received, there had been taught during the year, in the various 
branches of elementary education, 271 ,877 children. The num- 
ber of children between the ages of five and fifteen years, 
residing in the districts from which returns had been received, 
was, 302,703, making the number of children taught equal to 
nine-tenths of the whole number between the ages of five and 
fifteen. 

On the 21st of February, 1821, Mr. Hawley transmitted to 
the legislature his eighth and last annual report as Superintend- 
ent; from which it appeared that in 545 towns from which 
returns had been received, there were 6,323 school districts 
organized according to law, from 5,489 of which particular 
district reports had been made, showing that of 317,633 children, 
between the ages of five and fifteen years, residing in those dis- 
tricts, 304,549 had been under instruction during portions of the 
year in the common schools. No returns were receiA^ed from 
twenty- seven towns. " The proportion," observes the Superin- 
tendent, *' which, from the present returns, the number of chil- 
dren taught bears to the number between the ages of five and 
fifteen years, is much greater than at any former period. In 
about one-half of the towms in the state, the number taught 
exceeds the number between the ages of five and fifteen years; 
and taking the whole state together, the number taught is more 
than rdneteen-twentieths of the number between these ages. 



2S COMMON SCHOOL SYSTEM 

The average leng^th of time for which schools have been kept 
for the hist year, has also increased in about the sanne ratio as 
the number of children taught. There is now, therefore, rea- 
son to believe that the number of children in the state who do 
not attend any school, and who are not otherwise in the way of 
receiving a common education, is very small. The public 
bounty is suflicient to defray the expense of most schools for 
about three months in the year; and where that is expended in 
different parts of the year, so as not to defray the whole expense 
of the scl.iool for any particular part, it is understood that in 
most districts poor children have been permitted to attend the 
district school free of expense, under that provision in the school 
act which empowers districts to exonerate those children from 
the {»ayment of teachers' wages. The readiness with which 
such permission has been generally granted, wherever it has 
been deserved, is very creditable to the public spirit and libe- 
rality of the inhabitants of school districts, and it is considered 
proper on this occasion, to bring the fact to the notice of the 
legislature. From these circumstances, in connection with 
the friendly disposition every where manifested in the cause of 
education, it is considered w^arrantable to infer, that of the rising 
generation in this state, very few indi^^duals will arrive to ma- 
turity without the enjoyment and protection of a common edu- 
cation." 

To no individual in the state, are the friends of common 
school education more deeply indebted for the impetus given to 
the cause of elementary instruction in its infancy, than to 
Gideon Hawley. At a period when every thing depended 
upon organization ; upon supervision; upon practical acquaint 
ance with the most minute details ; and upon a patient, persever- 
ing, laborious process of exposition, Mr. Hawdey united in him- 
self all the requisites for the efficient discharge of the high func- 
tions devolved upon him by the legislature. From a state of 
anarchy and conf^usion, and complete disorganization, within a 
period of less than eight years, arose a beautiful and stately 
fabric, based upon the most impregnable foundations, sustained 
by an enlightened public sentiment, fortified by the best and 
most enduring affections of the people, and cherished as the 
safeguard of the state — the true palladium of its greatness and 
prosperity. Within this brief period the number of school dis- 
tricts had more than doubled, and the proportion of children 
annually participating in the blessings of elementary instruc- 
tion, increased from four-fifths to twenty-four twenty-fifths of 
the whole number residing in the state of a suitable age to 
attend the public schools. When we take into view the disad- 
vantages under which every new and untried system must, of 
necessity, labor, before it can be commended to general adop- 
tion, and consider the immense variety of interests which were, 



OF THE STATE OF NEW- YORK. 29 

to a greater or less extent, affected by the stringent provisions 
of Ihe act of" 1812, and its subsequent amendments, we cannot 
fail of being surprised at the magnitude of the results which 
developed themselves under the administration of Mr. Hawley. 
The foundations of a permanent and noble system of popular 
education were strongly and securely laid by him, and we are 
now witnessing the magnificent superstructure, which, in the 
progress of a quarter of a century, has been gradually upbuilt 
on these foundations. Immediately after the completion of his 
last annual report, Mr. H. retired to the shades of private life, 
where he lias ever since remained, in the enjoyment, we trust, 
of all the happiness and tranquillity to which his long and ardu- 
ous labors in the cause of education richly entitled him. Wel- 
come EsLEECK, of the city of Albany, was named as his 
successor in office, but the legislature saw lit to abolish the 
office as a separate department of the government, and to 
devolve its duties upon the secretary of state. 

By the Constitution of 1821, the proceeds of all lands there- 
after to be sold, belonging to the state, with the exception of 
such as might be reserved for public use or ceded to the United 
States, together with the existing school fund, Avere declared to 
constitute " a perpetual fund, the interest of which shall be 
inviolably appropriated and applied to the support of common 
schools throughout this state." 

In his speech at the opening of the legislature, at its session 
of 1822, the governor (De Witt Clinton) refers to the condition 
of the system of public instruction, in the following terms : 

" The excellent direction which has been given to the public 
bounty, in appropriations for common schools, academies and 
colleges, is very perceptible in the multiplication of our semi- 
naries of education, in the increase of the number of students, 
and in the acquisition of able and skilful teachers. The Lan- 
casterian or monitorial system is making its way in the com- 
munity, by the force of its transcendant merits. Our common 
schools have flourished beyond all former example." * * 
' ' I am happy to have it in my power to say that this state has 
always evinced a liberal spirit in the promotion of education; 
and I am persuaded that no considerations short of total ina- 
bility will ever prevent similar demonstrations. The first duty 
of a state is to render its citizens virtuous, by intellectual 
instruction and moral discipline, by enlightening their minds, 
purifying their hearts, and teaching them their rights and their 
obligations. Those solid and enduring honors which arise from 
the cultivation of science, and the acquisition and diffusion of 
knowledge, will outlive the renown of the statesman and the 
glory of the warrior; and if any stimulus were wanting in a 
case so worthy of all our attention and patronage, we may find 
it in the example before our eyes of the author of the Declara- 



/ 



■( 



80 COMMON SCHOOL SYSTEM v v. 

^^ 

tion of Independence, who has devoted the evening of his illus- 
trious life to the establishment of an university in his native 
state." 

In connection with this subject the g-overnor also transmitted 
the proceedings of the legislatures of the several states, relative 
to the appropriation of a portion of the national domain to the 
purposes of education; by which it appeared that in eleven of 
the new states and territories, the general government had 
appropriated one thirty-sixth part of the public land for com- 
mon schools, and one fifth part of that thirty- sixth part for col- 
leges and academies; and while it was admitted that this dispo- 
sition was in all respects proper and laudable, it was contended 
that the other members of the confederacy were entitled to a 
correspondent benefit out of the same common fund. " This 
claim," observes his Excellency, " appears to be sustained by 
the most conclusive reasoning; and it is believed to be impos- 
sible for congress to resist an application so just and beneficial. 
If, however, this m lasure were calculated to embarrass the 
financial arrangements of the national government, to make a 
serious inroad on the national domain, or to disparage the inte- 
rests of the states which have already been benefited, I should 
be entirely unwilling to press it. Whatever ratio of distribution 
may be adopted, the quantum of population, or the extent of 
territory of each state, the deduction from the landed estate of 
the empire, would be so small as scarcely to be felt. In either 
case it would not exceed ten millions out of five hundred 
millions of acres owned by the United States. It is our duty to 
co-operate in obtaining justice for our sister states as well as for 
ourselves. If we were willing to waive the benefit which mig^ht 
be derived from the success of this application, it would furnish 
no just ground of hostility to the claim in general ; and indeed 
in such case it would entirely correspond with the dictates of 
magnanimity, to advocate it with all our might and influence. 
This state, on the basis of appropriation originally adopted, 
would be entitled to 800,000 acres for our common schools, 
and 160,000 for our colleges and academies; which, with proper 
management, and in connection with existing funds, would 
answer all the requisitions of education." 

By the annual report of the acting Superintendent of Common 
Schools (John Van Ness Yates, Esq., Secretary of State) 
it appears that the total number of school districts in the state 
was 6,865, from 5,882 of which reports in accordance with law 
had been received; that the total number of children between 
the ages of five and sixteen years residing in the several dis- 
tricts, was 380,000; and the total number of children of all 
ages taught in the common schools during the year reported, 
was 342,479; and that the average number of months during 
which the schools were kept open in the several districts was 



OF THE STATE OF NEW-YORK. 31 

eight. Several amendments in the details of the system were 
suo:o:ested, most of which were adopted by the legislature; 
including, for the first time, the provision investing the Superin- 
tendent with appellate jurisdiction over all controversies arising 
under the school laws, and declaring his decision thereon final. 
In pursuance of a provision contamed in this act, the act of 
1819, with all the subsequent amendments, was republished by 
the Superintendent, accompanied by an exposition of its various 
provisions, and an abstract of the decisions which had been 
pronounced, during the period which had elapsed since the 
adoption of the appellate system. 

On the 3d of February, 1823, Mr. Yates transmitted to the 
legislature his second annual report as Superintendent of Com- 
mon Schools ; from which it appeared that returns had been 
received during the })receding year from all the counties in the 
state, tifty-two in number, comprising 649 towns and wards; 
that the whole number of school districts in the state exceeded 
8,000; from 6,255 of which, only, reports in accordance with 
law had been received, in which the number of children 
between the ages of five and fifteen was about 357,000; that for 
the term of eight months during the year reported, 351,173 
children were receiving a common school education in the 
several districts from which reports bad been received — being 
18,194 more than were educated the preceding year. The 
Superintendent adds: "Even in Connecticut, which possesses 
a larger school fund than we do, and where the school system 
was established and in successful operation long before it was 
here introduced, the number of children educated in common 
schools is far less in proportion to its population than it is in 
this state." He complains of the "want of uniformity in the 
course of studies pursued, and the books and treatises now used 
in common schools. A great diversity of opinion has long 
existed and still continues to exist as to the proper books to be 
introduced into these schools ; and teachers and parents are not 
unfrequently at a loss to select among the great variety of trea- 
tises on education recommended by their authors, the most 
suitable and best adapted for the use of the student. Whether 
this evil could be remedied by directing some judicious and 
appropriate work to be prepared, in the nature of a " Common 
School Instructor," and to be recommended to the public under 
the immediate sanction and approbation of the legislature, is 
respectfully submitted." 

The annual appropriation from the funds of the state, at this 
period, for the benefit of common schools, was fixed by the act 
of 1819 at ,^80,000. These funds consisted of the loan of 1792, 
then amounting to $500,000; of that of 1808, amounting to 
$449,000; of stock in the Merchant's Bank of the city of 
New- York, the par value of which amounted to $180,000, and 



32 COMMON SCHOOL SYSTEM 

on which annual dividends of nine per cent, were repfularly 
made; of" one-half Ihe quit-rents, estimated at $;100,000; and 
the fees of tlie supreme court, then producinj^ an annual income 
of about )f|!7,000. The revenues arising- from these several 
sources were estimated at !f|i80,000 per annum at least. But in 
consequence of a reduction of the fees of the supreme court, 
and a diver^iion of those fees from the school fund — tog-ether 
with a commutation for quit-rents, and a temporary suspension 
of dividends by the Merchants' Bank, growing out of frauds to 
a large amount which had been practiced on that institution — 
an annual deficiency, varying from ^13,000 to $-7,000, had 
occurred during the j)receding four years, which the legislature, 
considering the faith of the state pledged to keep up the appro- 
priation directed by the act of 1819, had supplied by special 
grants from the general funds. A continuance of this deficiency 
being probable, the governor (Joseph C. Yates) had recom- 
mended, in his annual message at the commencement of the 
session of 1823, " the sale of the whole or a part of the public 
lands appropriated to the school fund, for the purpose of raising 
a productive capital, yielding an interest sufficient to make good 
the annual deficiency in the school revenue." 

On the 23d of January, Gulian C. Verplanck, of the 
city of New-York, chairman of the committee on colleges, 
academics and common schools, made a report on this subject 
in the assembly, adverse to the expediency of throwing the 
lands of the state appropriated to the school fund into the mar- 
ket, at a forced sale to the highest bidder; and in favor of con- 
tinuing the existing limitations on those sales, viz., by a mini- 
mum price paid by the surveyor-general, after survey and 
appraisement. The committee remark that the sum which 
would probably be realized by a forced sale, " would be com- 
paratively inconsiderable, and though these lands are now 
unproductive, yet on the other hand they are of no charge to 
the state. Moreover, it is at present impossible to anticipate 
what increase in their value may hereafter take place from the 
opening of roads and canals, from the new direction which our 
internal commerce may take from those causes, as well as from 
the establishment of manufactories, and the probable discovery 
of mines. The present advantage seems to the committee to 
be too small for the sacrifice of those remote, yet not improba- 
ble future advantages." * * "In making these addi- 
tional a])]>ropriations to the school fund, it was certainly not the 
immediate object of the convention to supply the present casual 
deficiencies of our revenue. They had far larger and grander 
views. Knowing that in our age and country, where every 
tiling is improving and increasing about us, all wise public 
institutions should be so framed as to enlarge themselves with 
tlie enlargement of population and the advance of mind, it was 



OF THK STATK 01- N£W-YORK. 33 

Iheir design to establish a fund, having- within itself a principle 
ol' increase, which would augment in value with the augment- 
ing number of our people, and thus perpetuate and extend to 
future and distant generations, all the blessings of our noble 
and extensive system of public instruction." 

On the 7th of January, 1824, the acting Superintendent, Mr. 
Yates, transmitted his third annual report to the legislature, 
from which the following results were shown : 

1. That all the counties, fifty-four in number, and all the 
towns and wards, being 684 in number, had, with the exception 
of twenty-seven towns, presented their reports for the preceding 
year: 

2. That there were in the state 7,382 school districts, from 
6,705 of which reports had been received in accordance with 
law: 

3. That 331 new school districts had been organized during 
the year: 

4. That upwards of 377,000 children had been instructed 
in the districts from which reports had been received, for an 
average period of eight months during the preceding year; and 
23,500 more were estimated to have been under instruction 
during the same period in the non-reporting districts; making 
a grand total of upwards of 400,500 children thus under instruc- 
tion in all the common schools of the state; exceeding by nearly 
26,000 the number under instruction during the preceding year: 

5. That the whole number of ciiildren between the ages of 
five and fifteen years, residing in the several districts from 
which reports were received, was about 373,000: 

6. That the sum of $182,802.25 of public money had been 
expended during the year reported, in the payment oV the wages 
of duly qualified teachers; and it was estimated by the Superin- 
tendent, that in addition to this amount, more than $850,000 
from the private funds of individuals were appropriated in like 
manner, during the same period; making a grand total of 
upwards of one million of dollars. "These facts," 
observes the Superintendent, "require no comment. They 
demonstrate the signal success which has attended the exertions 
made from time to time by the legislature to disseminate useful 
knowledge among every class of the community; and it must 
also be gratifying to perceive that our sister states, animated 
with a like zeal ibr ameliorating the condition of society, are 
introducing and supporting among them institutions similar to 
our own. I' Among other recommendations and suggestions, 
the Superintendent recommends the establishment of schools in 
cities and villages, exclusively for the benefit of colored chil- 
dren. He also suggests the consolidation and revision of the 
several acts relating to common schools; and concludes aa 
follows : 



34 COMMON SCHOOL SYSTEM 

" The funds provided and secured by the Constitution for the 
support of coauiion schools have become only in part produc- 
tive, as will be seen from the operations oi' the treasury depart- 
ment for the past year. By far the largest portion of those 
funds is still inactive, and must continue so, until advantageous 
sales can be made of nearly a million of acres of land, appro- 
priated to the use of common schools. It is not extravagant to 
predict that when that period shall arrive, the anticipations of 
the patriot and philanthropist with regard to the still more 
extensive operation of our school system, and its favorable 
effects upon the condition of society, will be fully realized. 
Indeed, what has education not already effected! It has given 
man dominion, not only over the elements, but it has enlarged his 
capacity and faculties beyond the sphere in wliich he moves. 
It has shown him that intellectual wealth is national wealth, and 
that it lies at the foundation of all that is useful in the arts; that 
its influence extends to the narrower path of private virtue .ind 
daily duty; and that while it strengthens the tie between parent 
and child, husband and wife, citizen and citizen, it secures from 
the rude and withering hand of oppression, and from the iron 
grasp of despotism, those valuable institutions of government, 
which it is no less the })ride than it is the duty of freemen to 
maintain pure and inviolate. Common schools, supported by 
law and open alike to the poor and to the rich, (as they empha- 
tically are in this state,) together with the higher seminaiies of 
learning, are those monuments which render the gloiy of a 
nation imperishable; and while this state is engaged in the great 
works of canals and other internal im[)rovemer:ts, she shows 
the boundless extent of her resources and the energies of her 
character by supporting at the same time, upon a basis equally 
broad and enduring, a plan of education unequalled in its ope- 
rations and effect, by that of any other country in the civilized 
world." 

On the 12th of January, 1825, Mr. Yates transmitted lo the 
legislature his fourth annual report, from which it a})peared that 
the number of children taught, for an average period of nine 
months, in the common schools during the preceding year, was 
402,940; being nearly 26,000 more than the number taught in 
1823. The number of school districts was 7,642, from 6,936 
of which reports had been received. The aggregate amount 
of public money received and expended in the j)ayment of 
teachers' wages in the reporting districts during the year was 
$'182,741.61. 

In August of the preceding year, the Superintendent had 
issued a circular recommending school ceUhrctions m the seve- 
ral towns of the state, fiom which the following are extracts: 
" The object in view is extremely important, for t is addressed 
as well to the affections of the parent as the feelings and inte- 



OF THE STATE OF NEW-YORK. 35 

rests of the citizen. /jTho hapj)inps8 of society and fhe freedom 
of our country mainly depenil upon th3 g^eneral diffusion of 
knowled<i^e, and it is our duty to devise the best means for 
allainin<; and securing; that very desirable end. In a few years, 
the chiklren tli.it now sit upon our knees, or phxy around the 
room, will till our places and become the future lej^ishitors, 
magistrates and jud;^es of our country, wiiile we are silently 
descending to tlie tomb.]3 How consoling then the reflection 
will be, that those objects of our aflection are about to realize 
our fondest hopes and do honor to our inemories ! Even now, 
when we hear recounted the sage deliberations of the states- 
man, or the gallant achievenients of the warrior, or the brilliant 
and still more useful attainments of the scholar, or the sacred 
and impressive eloquence of the divine or the profound argu- 
ments of the lawyer, or the useful inventions and experiments 
of the })hilo'!o;)her, farmer and mechanic, do not our bosoms 
burn with admiration, and do not the eyes and hearts of each 
of us exclaim, ' Would that he were my son !' If then, these 
are the delightful emotions excited in us from the mere relation 
of the grand efT^cts which knowledge and virtue produce, can 
we refuse yitdding our beat exertions to realize them in the per- 
sons of our children .'' The means, under Providence, are fully 
within our i)ower, and painful will be our reflections, if we 
neglect thenj." 

*'The plan suggested for the im|>rovement of our common 
schools, by instituting celebrations, promises, I am convinced, 
far more beiieflcial and important consequences than any other 
hitherto devised. The experiment is neither doubtful nor diffi- 
cult; and its benefits are certain, and their extent beyond cal- 
culation. Incleel, when we see the nf)urishing conrlition of our 
colleges and aca K^mies, and know that much is aMributable to 
their public anniversaries, and commencrments, why should we 
hesitate to believe that the same means when used in support of 
our common schools, \vill produce the same end .'' And why, 
permit me to ask, should not our common schools be placed on 
a footing as respectable as any other seminaries of learning ? 
Are they not as useful ? and is not their influence more gene- 
rally felt and acknowledged .'* When we consider also the high 
character vvhi(di our '.ommon schools have so deservedly main- 
tained — when we fi'^d oilier states and countries imitating their 
example aid quoting their success, should we not feel the 
strongest desire to render them still more worthy of this dis- 
tinction, and still more useful to ourselves and to posterity ?" 

In his m'^ss^igc to the lofj:isl;iln'e at the opening of the session 
of 1826, the o-overnor (De Witt Clinton) thus adverts to the 
subject o* cdu -aOon : 

** The first duty of frovernment, and the surest evidence of 
good government, is the encouragement of education. A gene- 



36 CO?<TMON SCHOOL SYSTEM 

ral diffusion of knowlcdj^e is the precursor and prelector of 
repiihlican institutions; and in it we n)ust confide as the con 
servative power that will watch over our liberties, and guard 
them against fraud, intrigue, corruption and violence. In early 
infancy, education may be usefully administered. In some 
parts of Great Britain, infant schools have been successfully 
established, comprising children from two to six years of age, 
whose tempers, hearts and minds are ameliorated, and whose 
indigent parents are enabled by these means to devote them- 
selves to labor, without interruption or uneasiness. Institutions 
of this kind are only adapted to a dense population, and must 
be left to the guardianship of private benevolence. Our com- 
mon schools embrace children from live to fifteen years old, 
and continue to increase and prosper. The appropriation for 
thrt school fund for the last year, amounted to ^-80,670, and an 
equivalent sum is also raised by taxation in the several counties 
and towns, and is applied in the same way. The capital fund 
is ^1,333,000, which will be in a state of rapid augnientation 
from sales of the public lands and other sources; and it is well 
ascertained that more than 420,000 children have been taught 
in our common schools during the last year. The sum distri- 
buted by the state is now too small, and the general fund can 
well warrant an augmentation to ,^120,000 annually. 

" Our system of instruction, with all its numerous benefits, 
is still, however, susceptible of improvement. Ten years of 
the life of a child may now be spent in a common school. In 
two years the elements of instruction may be acquired, and the 
remaining eight years must either be spent in repetition or in 
idleness, unless the teachers of common schools are competent 
to instruct in the higher branches of knowledge. The outlircs 
of geography, algebra, mineralogy, agricultural chemistry, 
mechanical philosophy, surveying, geometry, astronomy, poli- 
tical economy and ethics, might be communicated in that period 
of time by able preceptors, without essential interference with 
the calls of domestic industry. The vocation of a teacher, in 
its influence on the character and destinies of the rising and 
all future generations, has either not been fully understood or 
duly estimated. It is, or ought to be, ranked among the learned 
professions. With a full admission of the merits of several 
who now officiate in that capacity, still it must be conceded 
that the information of many of the instructors of our common 
schools does not extend bevond rudimental education; that our 
expanding po]nilation requires constant accessions to their num- 
bers; and that to realize these views, it is necessary that some 
new plan for obtaining able teachers should be devised I 
therefore recommend a seminary for the education of teachers, 
in the monitorial .system of instruction, and in those useful 
branches of knowledge which are proper to engraft on ele- 



OF THE STATE OF NEW-YOKK. 37 

mentary attainments. A compliance with this recommenda 
tion will have the most benign influence on individual happiness 
and social prosperity. To break down the barriers which 
poverty has erected against the acquisition and dispensation of 
knowledge, is to restore the just equilibrium of society, and to 
perform a duty of indispensable and paramount obligation; and 
under this impression 1 also recommend that provision be made 
for the gratuitous education, in our superior seminaries, of 
indigent, talented, and meritorious youth. 

" I consider the system of our common schools as the palla- 
dium of our freedom; for no reasonable apprehension can be 
entertained of its subversion, as long as the great body of the 
people are enlightened by education. To increase the funds, 
to extend the benefits, and to remedy the defects of this excel- 
lent system, is worthy of your most deliberate attention. The 
officer who now so ably presides over that department is pre- 
vented by his other official duties from visiting our schools in 
person, nor is he indeed clothed with this power. A visitorial 
authority for the purpose of detecting abuses in the application 
of the funds, of examining into the modes and plans of instruc- 
tion, and of suggesting improvements, would unquestionably 
be attended with the most propitious effects." 

It will be perceived that the governor here shadows forth two 
of the great features of public instruction subsequently engrafted 
upon our system; the establishment of institutions for the edu- 
cation of teachers; and the appointment of visitors. 

On the 4th of February subsequently, Mr. John C. Spen- 
cer, from the literature committee of the senate, to which 
this portion of the message of the governor had been referred, 
made an able report, in the course of which he distinctly sug- 
gests the expediency and practicability of a plan of county 
supervision, without however, going into any specific details. 
Thus it will be perceived, that as early as 1826, several of the 
prominent features of the admirable system which now prevails, 
were brought to the notice and attention of the legislature, by 
two of our most distinguished and eminent statesmen; one of 
whom, (Mr. Spencer) fifteen years afterwards, aided in carry- 
ing into practical and successful operation, the very plan in 
mibstance, which he had suggested at this early period In the 
mean time, however, a similar sugge^stion had been earnestly 
and urgently pressed upon the public consideralion by another 
distinguished friend of the common school system — tlie Hon. 
Jabez D. Hammond; who in 183G published a s^'ries of num- 
bers in the Cherry- Vallev Gazette, from whence thoy were 
transferred to other periodicals, showing as well the practica- 
bility as the expediency of the adoption of the syst<^'i^ of county 
supervision and inspecUon, and urging the abolilion of the office 
of town inspector. Judge Hammond's plan wa^i the appoint 



38 COMMON SCHOOL SYSTEM 

ment by the governor and senate, or by the Slate Superintend- 
ent, of a County Inspector of Common Schools, in each county, 
with power to license teachers and visit schoob, and whD should 
be required to report periodically to the Superintendent. This 
was, in substance, the plan afterwards recommended to the 
legislature by Mr. Spencer. 

The following extracts from the report of Mr. Spencer in 
1826, to which allusion has above been made, will be found 
interesting: 

" The committee concur entirely in the sentiments expressed 
by the governor in relation to the importance of the vocation of 
a teacher, and to the propriety of occupying the time of the 
young in the higher branches of knowledge. The progress of 
improvement in the great business of education, must necessa- 
rily be slow and gradual. Our common school system is itself 
but of recent origin; and during the few years in which it has 
been in operation, incalculable good has been effected, particu- 
larly in causing the establishment of schools where none existed 
before, and where none would have existed but lor its provisions. 
We cannot expect to make it at once perfect, but must content 
ourselves with providing remedies for the most obvious and im 
portant defects as they are discovered. From the observation 
of the committee, and from the best information they can 
obtain, they are persuaded that the greatest evils now existing 
in the system are the want of competent teachers, and the indis- 
position of the trustees of districts to incur the expense of em- 
ploying those who are competent, when they can be obtained. 
It is a lamentable fact that from a mistaken economy, the cheap- 
est teachers, whether male or female, and generally the latter, 
are emp'oyed in many districts for three-fourths of the year, 
and a competent instructor is provided for only one-quarter, and 
sometimes not at all, during the year. The state is thus made 
to contribute almost wholly to the support ol" teachers. This is 
a perversion of the public bounty; and its elTect on the children, 
who ought to be provided with the means of instruction during 
the whole year, is most disastrous: for those above five or six 
years old are thus excluded from school three-fourths of their 
lime, which must be spent in mental idleness, and thus the 
most precious time for education is utterly thrown away. The 
present arrangement of the authority to license and employ 
teachers, contributes to this result. Teachers are licensed by 
town inspectors, themselves generally and necessarily incompe- 
tent to determine upon the qualifications of candidates, and 
willing to sanction such as the trustees feel able or disposed to 
employ. This is essentially wrong; and the state, which con- 
tributes so large a portion of the compensation of the teacher, 
has a right to direct its ajjplitation in such a way as to effect 
ll.e object of procuring useful instruction. The remedy must 



0? THE STATE OF NEW-YORK. 39 

be found in the organization of some local board, vested with 
the aulliority of licensing teachers and of revoking the license, 
and charged with a general superintendence ot the schools 
within the prescribed limits. The division of the state into 
counties affords a convenient distribution of territory for these 
purposes. And if it be made a condition of receiving- the 
public donation, that teachers thus authorized shall have been 
employed for a portion of the year, it is believed that the sure 
and inevitable consequence would be the employment of 
instructors much more competent than the average of the pre- 
sent teachers. In those counties where the population is small 
and scattered, the standard of competency will necessarily be 
low; but it will advance with the means of the districts and 
with the prosperity and intelligence of the counties. In other 
counties, where candidates were more numerous, the qualifica- 
tions would be higher. The teachers would become emphati- 
cally a profession; men would devote themselves to it as the 
means of livelihood, and would prepare themselves accordingly. 
Their character would advance, and with it their usefulness and 
the respect of their fellow-citizens. Such is an outline of the 
first efforts, which, in the opinion of the committee, should be 
made to obtain able teachers. 

" The next object is to provide the means of qualifying the 
necessary number of teachers. By the report of the Superin- 
tendent of Common schools made in January, 1825, it appears 
there were then in this state 7,642 school districts- That, then, 
is the number of teachers now required; the best evidence that 
can be adduced to show that there must always be a sufficient 
demand for those who are qualified. It is obvious that the sug- 
gestion of the governor, in his message respecting the establish- 
ment of an institution especially for the purpose of educating 
teachers, will not answer the exigencies of the case. It is 
entitled to much weight, however, as a means, in conjunction 
with others, to effect the object. But in the view which the 
committee have taken, our great reliance for nurseries of teach- 
ers must be placed on our colleges and academies. If they do 
not answer this purpose they can be of very little use. That 
they have not hitherto been more extensively useful in that 
respect, is owing to inherent defects in the system of studies 
pursued there. When the heads of our colleges are apprised 
of the great want of teachers which it is so completely in their 
power to relieve, if not supply, it is but reasonable to expect 
that they will adopt a system by which young men whose pur- 
suits do not require a knowledge of classics, may avail them- 
selves of the talent and instruction in those institutions suited 
to their wants, without being compelled also to receive that 
which ihey do not want, and for which they have neither time 
nor money. 



40 ^ COMMON SCHOOL SYSTEM 

" Our academies also have failed to supply the want of teach 
ers, to the extent which was within their power; although it is 
acknowledged that in this respect they have been eminently 
useful. But instead of being incited to such efforts, they are 
rather restrained by the regulations adopted by Ihe Regents of 
the University for the distribution of the literary fund placed 
at their disposal. The income of that fund is divided among 
the academies in proportion 1o the number of classical students 
in each, without reference to those who are pursuing the high- 
est and most useful branches of an English course. With such 
encouragement, how could it be expected of trustees of scade- 
mies that they should prefer a pupil disposed to study the Ele- 
ments of Euclid, surveying, or Belles-lettres, to a boy who 
would commit the Latin Grammar, while the latter would enti- 
tle them to a bounty which was refused to the former ? The 
committee are not disposed to censure the Regents; they have 
merely followed the fashion of the times; and it is believed that 
tliey are themselves alive to the importance of extending the 
usefulness of the institutions under their care, by adapting them 
more to the wants of the country and the spirit of the age. But 
if they should not be willing to extend the benefits of the fund 
under their control, beyond classical students, still it will be in 
the power of the legislature, and within the means of the state, 
to appropriate a capital sum that will yield a sufficient income 
to compensate for this inequality, and to place the English stu- 
dent on the same footing with the others, and thus make it the 
interest of the academies to instruct them. And if this bounty 
be distributed in reference to the number of persons instructed 
at an academy who shall have been licensed as teachers of 
common schools by the proper board, it is believed the object 
of obtaining able instructors Avill soon be accomplished. 

" The committee have not been able to discover why, upon 
every principle of justice and of public policy, seminaries for 
the education of females in the higher branches of knowledge 
should not participate equally with those for the instruction of 
males, in the public bounty. 

*' In connection with these, the committee admit that the 
establishment of a separate institution for the sole purpose of 
preparing teachers, would be a most valuable auxiliary, espe- 
cially if they were to be prepared to teach on the raonitoria! 
plan. They hesitate to recommend its adoption bow, chiefly 
because the other measures which they intend to submit, and 
which they conceive to be more immediately necessary, will 
involve as much expense as ought now to be incurred. But 
tliey fondly anticipate the time when the means of the state will 
be commensurate with the public spirit of its legislature, and 
when such an institution will be founded on a scale equal to our 
wants and our resoitrre<i " 



OF THE STATE OF NEW-YORK. 41 

The committee, after adverting to the embarrassments caused 
by the prevalent diversity of text books in the several schools 
of the slate, recommend an appropriation for *' the printing of 
large editions of such elementary works as the spelling book, 
an English dictionary, a grammar, a system of arithmetic, 
American history and biography, to be used in schools, and to 
be distributed gratuitously, or sold at cost." " There can be 
no doubt," say the committee, " that a selection of such works 
as have been enumerated could be made by a competent board, 
excluding all sectarian views and tenets, as would be entirely 
satisfactory to the citizens of this state." 

On the 14th of February, 1826, Azariah C. Fl-agg, of 
the county of Clinton, was appointed secretary of state; and 
the administration of the common school system consequently 
devolved upon him. The interests of public instruction had 
been ably and faithfully guarded by Mr. Yates; who seems 
to have united to eminent talents as an executive and adminis- 
trative officer, a lively zeal for the promotion of education and 
the diffusion of knowledge among the great body of the people. 
His various reports exhibit an accurate practical knowledge of 
the working of the common school system, in all its depart- 
ments; his decisions on the numerous appeals which were from 
time to time brought before him, were characterized by a sound 
discrimination; and his efforts for the improvement and advance- 
ment of the schools were earnest and indefatigable. 

The first annual report of Mr. Flagg as Superintendent of 
Common Schools, was transmitted to the legislature on the 13th 
of March, 1826; from which it appeared that 425,350 children 
had been taught in the common schools during the year; being 
22,410 more than were taught the preceding year, and exceed- 
ing by 29,764 the number between the ages of five and fifteen 
residing in the state. The whole number of organized school 
districts in the state was 7,773. The Superintendent alludes to 
the necessity of '' some provision which should have a tendency 
to increase the number of qualified instructors," and adds: 
'J It might be beneficial to offer facilities for the special educa- 
tion of common school teachers; and as the districts progress 
in wealth, and the donation of the state is increased, induce- 
ments will be furnislied for a greater number of persons of com- 
petent talents, to engage in the business of teaching, as a pro- 
fession." 

At the opening of the session of 1827, Gov. Clinton thus 
eloquently alluded to the subject of popular education: 

** The great bulwark of republican government is the culti- 
vation of education; for the right of suffrage cannot be exer- 
cised in a salutary manner without intelligence. It is gratify- 
ing to find that education continues to flourish. We may safely 
estimate the number of our common schools at 8.000; the num- 



42 COMMON SCHOOL SYSTEM 

ber of children taught during the last year, on an average of 
eight monlhs, at 430,000; and the sum expended in education 
at 200,000 dollars. It is however too palpable that our system 
is surrounded by imperlectioiis which demand the wise conside- 
ration and improving interposition of the legislature. In the 
first place, theie is no provision made for the education of com- 
petent instructors. Of the eight thousand now employed in this 
state, too many are destitute of the requisite qualifications, and 
perhaps no considerable number are able to teach beyond rudi- 
mental instruction. Ten years of a child's life, from five (o 
fifteen, niay be spent in a common school; and ought this 
immense portion of time to be absorbed in learning what can 
be acquired in a short period .'' Perhaps one-fburlh of our popu- 
lation is annually instructed in our common schools; and ought 
the minds and the morals of the rising, and perhaps the desti- 
nies of all future generations, to be entrusted to the guardian- 
ship of incompetence .'* The scale of instruction must be ele- 
vated; the standard of education ought to be raised; and a cen- 
tral school on the monitoiial plan ought to be established in 
each county, lor the education of teachers, and as exeniplars 
for other momentous purposes connected with the improvement 
of the human mind. * * * * Small and suitable collec- 
tions of books and maps, attached to our common schools, and 
periodical examinations to test the proficiency of the scholars, 
and the merits of the teachers, are worthy of attention. When 
it is understood that objects of this description enter into the 
very formation of our characters, control our destinies through 
life, protect the freedom and advance the glory of our country; 
and when it is considered that seminaries for general education 
are either not provided in the old world, or but imperfectly 
supplied by charity and Sunday schools, and that this is the 
appropriate soil of liberty and education, let it be our pride, 
as it is our duty, to spare no exertion, and to shrink from no 
expense in the promotion of a cause consecrated by religion 
and enjoined by patriotism; nor let us be regardless of ample 
encouragement of the higher institutions devoted lo literature 
and science. Independently of their intrinsic merits, and their 
diff"usive and enduring benefits, in reference to their appropriate 
objects, ihey have in a special manner, a most auspicious influ 
ence on all subordinate institutions. 

"They give to society men of improved and enlarged minds, 
who, feeling the importance of information in their own expe- 
rience, will naturally cherish an ardent desire to extend its 
blessing^. Science delights in expansion, as well as in concen- 
tration; and after having flourished within the precincts of 
academies and universities, will spread itself over the land, 
enlightening society and ameliorating the condition of man. 
The mere elevated the tree of knowledge, and the more 



OF THE STATE OF NEW-YORK. 43 

expanded its branches, Uie greater will be its trunk, and the 
deeper its root." 

On the 21st of February, Mr. Spencer, from the literature 
committee of the senate, to which had been referred that por- 
tion of the message of the governor relating to common schools 
and the providing of competent teachers, brought in a bill, 
entitled " An act to provide permanent funds for (he annual 
appropriation to common schoo's, to increase the literature fund,' 
and to promote the education of teachers," whicii, with some 
slight amendments, became a law on the 13th of April follow- 
ing. This bill transferred to the common school fund the 
balance due on the loan of 1786, together with ^100, 000 of 
bank stock owned by the state: and to the literature fund, from 
the canal fund, the sum of .$150,000; the income of which, 
together with that of the .$95,000 formerly belonging to the 
fund, was recjuired to be annually distributed by die Regents of 
the University " among the incorj)orated academies and semi- 
naries of this state, other than colleges, which are subject to 
the visitation of the said Regents, &c., in proportion to the 
number of pupils instructed in each academy or seminary for 
six months during the preceding year, who shall have pursued 
classical studies, or the higher branches ^>f English education, 
or both." From the report accompanying the bill the following 
extracts are taken, with the view of showing the design of the 
legislature in thus mcreasing the literature fund. 

" Another object of still greater importance is the furnishing 
of competent teachers for the instruciion of common schools. 
In vain will you have established a system of instruction, in 
vain will you appropriate money to educate the children of the 
poor, if you do not provide persons competent to execute your 
system, and to teach the pu})ils collected in the schools. The 
message of the governor and the report of the Superintendent 
concur in pressing this subject upon our attention with the most 
anxious solicitude; and every citizen who has paid attention to 
it, and become acquainted practically with the situation of our 
schools, knows that the incompetency of the great mass of 
teachers is a radical defect, which impedes the whole svstem, 
frustrates the benevolent designs of the legislature, and defeats 
the hopes and wishes of all who feel an interest in disseminating 
the blessings of education. There are 8,114 organized school 
districts in this state; and if there be added the schools in the 
city of New-York, in Albany, Troy and Hudson, not included 
in the returns, and the private schools which arc established in 
almost every county, we shall be justified in estimating the 
numl)er of teachers required to carry on the business of instnic- 
tion, at net far from ten thousand. This result places in a 
strong view the vast importance of the subject. From what 
sources can this supply of teachers be obtained ? And how can 



44 COMMON SCHOOL SYSTEM 

the great body of ihis multitude be rendered competent to their 
stations ? In a free government resting upon the intelligence 
of its citizens, these questions are of vital importance. 

" The governor has recommended the establishment of cen- 
tral schools upon the monitorial plan for the instruction of teach- 
ers. From the best consideration which the committee have 
been able to bestow upon the subject, and from all the informa- 
tion which thcv can collect, a doubt is entertained whether the 
monitorial plan is adapted to small schools in the country, or to 
the higher branches of education. The means of instruction 
in the ordinary mode must be provided. The colleges and 
academies ought to furnish competent instructors, and indeed 
to them we are indebted, but chiefly to the academies, for the 
qualified instructors now employed. While academies are 
instituted, and by proper encouragement nmy supply our w^nts, 
the committee would doubt the policy of establishing central 
schools in their vicinity, which would necessarily divert from 
them much of their present support." After referring to tli* 
location of the several academies in differet parts of the state. 
v.-ith tiie view of showing that in this respect they v.ere capable 
of meeting the w'ants of the community, and that but few por 
tions of the state were not adequately supplied with ihese in.sti- 
tutions, provided they were suitably encouraged, the report pro- 
ceeds to recommend adifFerend standard of apportionment than 
the one in operation, and an increase of the fund, specifically 
for the purpose of encouraging the preparation of a class of 
students, who might serve as teachers of the common schools. 
*' The income derived from the literature fund, they propose in 
Uie bill herewith reported, shall be. di-itributed aniong the acade- 
mies in proportion to the number of students pursuing the clas- 
sical studies and the higher branches of an P'nglish education; 
and their object is to promote the education of young men in 
those studies which will prepare them lor the business of 
instruction, which it is hoped may be accomplished to s< n>e 
extent, by ofTering inducements to the trustees of arademies to 
educate pupils of that description." *' These are the conside- 
rations which have guided the committee in prep?>ring the bill 
now presented. They have only further to say, that if any cory- 
fidence can be rejKjsed in the oflficial communications of tbo.se 
officers of the government whose duty it is to give the legisla- 
ture information on this subject, if the concurring testimony of 
all who have spoken or written concerning it can be relied 
upon, there is a radical, deep, and extensive deject in our com- 
mon school system, which deprives it of much of its value; 
and that defect consists in the want of competent instructors. 
From six to ten years of the most valuable portion of hunmn 
life — of that very period when instrurlioi^ is most easilv inipart 
^ and mo«t firmlv r^^tained. is abKolutelv wa.sied and Ihrcv-B 



OF THE STATE OF NEW-YOr.K. 45 

away. Every one in the least acquainted with the subject 
knows that a boy, under proper instruction, can, and oug-ht to 
know as much at seven or eight years old, as he acquires under 
the present system at fourteen or sixteen. Havin<^ undertaken 
a system of public instruction, it is the solemn duty of the 
legislature to make that system as perfect as possible. We have 
no right to trifle with the funds of our constituents by applying 
them in a mode which fails to attain the intended object. Com- 
petent teachers of common schools must be provided : the aca- 
demies of the state furnish the means of making that provision. 
There are funds which may be safely and properly applied to 
that object; and if there were none, a more just, patriotic, and 
in its true sense, popular, reason for taxation cannot be urged. 
Let us aid the efforts of meritorious citizens, who have devoted 
large portions of their means to the rearing of academies; let 
us reward them by giving success to their efforts; let us sustain 
seminaries that are falling into decay; let us revive the droop- 
ing and animate the prosperous by the cheering rays of public 
beneficence ; and thus let us provide nurseries for the education 
of our children, and for the instruction of teachers who will 
expand, and widen, and deepen the great stream of education, 
until it shall reach our remotest borders, and prepare our pos- 
terity for the maintenance of the glory and prosperity of their 
country." 

From the annual report of the Superintendent for this year, 
it appeared that there were 8,114 organized school districts in 
(he state — 341 new districts having been formed during the pre- 
ceding year; that returns had been received from 7,544 of these 
districts, in which 431,601 children had been taught during the 
year reported, being an increase over the number so taught the 
preceding year, of 13,864; that the whole number of children 
residing in the state, between the ages of five and fifteen, was 
411,256. 

Speaking in reference to the practical operation of the exist- 
ing system of visitation and inspection of the common schools, 
the Superintendent holds the following language : " The system 
of inspection miffht be improved, by the appointment of com- 
petent persons to visit the schools of a county, or larger district; 
to investigate the mode of instruction, the qualifications of 
teachers, the application of the public money, and to inquire 
into all the operations of the school .system. Such inspectors 
would aid the schools by their advice, and add to the stock of 
intelligence on the subject of education, by collecting informa- 
tion in relation to the condition of the schools, and the manner 
in which they are conducted; and these inspections would be 
the means of more effectually ascertaining what the common 
schools now effect, and what they may be made to accomplish." 
The results of the subsequent adoption of this plan, in sub- 



I 

46 COMMON SCHOOL SYSTEM 

stance, has effectually vindicated the prescience of (he Superin- 
tendent, in this respect. The report sj;oes on (o recommend, 
first, " (he establishment oi" schools in the several counties for 
the education of teachers;" and second, " the gradual introduc- 
tion of the system of mutual instruction." The improvement 
of the system of female education is also adverted to, as well 
as the propriety of furnishing the schools with a judicious selec- 
tion of text books. " The course of instruction in the common 
schools ouo^ht to be adapted to the business of life, and to the 
actual duties which may devolve upon the person instructed. 
In a g-overnment where every citizen has a voice in deciding 
the most important questions, it is not only necessary that every 
person should be able to read and write, but that he should be 
well instructed in the rights, privileges and duties of a citizen. 
Instruciion should be co-extensive with universal suffrage." 

The sum of ^TOO,ODO was this year apportioned by the Supe- 
rintendent among the several school districts in pursuance of 
the provisions of an act passed the |>receding year, authorizing 
the annual distribution of this amount from the conunon school 
fund. The several laws relating to common schools were also 
revised by the legislature and republished, with the necessary 
expositions and instructions from the department. 

Gov. Clinton, in his message at the opening of the session of 
1823, again adverts to the subject of common school education, 
in the following terms : 

" That part of the revised laws relative to common schools is 
operative on this day, and presents the system in -m intellio^ible 
shape, but without those improvements which are requisite to 
raise the standard of instruction, to enlarge its otij?cts, and to 
elevate the talents and qualifications of the teachers. It is 
understood that Massachusetts has provided for these important 
cases; but whether the experiment has, as yet, been attended 
with promising results, is not distinctly known. It mav, howe- 
ver, be taken for granted, that the education of the body of the 
people can never attain the requisite perfection witiiout compe- 
tent instructors, well acquainted with the outlines of literature 
and the elements of science. And after the scale of education 
is elevated in common schools, more exalted improvments 
ought to be engrafted into academical studies, and proceed in 
a correspondent and progressive ascent to otir colleges. 

" In the moan time I consider it my duty to recommend a 
law authorizing the supervisors of each county to raise a sum, 
not exceeding two thousand dollars, provided the same simm is 
subscribed by individuals, ("or the erection of a suitable edifice 
for a monitorial hisj^h school in the county town. I can conceive 
of no reasonable objection to the adoption of a measure so well 
calculated to raise the character of our schoolmasters, and to 



OF THE STATE OF NEW-YORK. 47 

double the powers of our artisans, by giving thenn a scientific 
educalion." 

From (he annual report of the Superintendent, it appeared 
that the number of school districts had increased to 8,298, from 
7,806 of which returns had been received, showing; that the 
whole number of children between the ages of five and fifteen 
in the districts, was 419,216; and that the whole number taught 
in the common schools during the year reported, was 441,856; 
being an increase of 10,225 since the preceding year, and of 
301,750 since 1816. The aggregate amount of ()uhlic money 
received and expended by the several districts, in the payment 
of the wages of duly qualified teachers, was ^1222,995.77; of 
which $100,000 was paid Irom the state treasury, .$110,542.32 
raised by tax upon the several towns and counties, and 
$•12,453.45 derived from local funds. 

The productive capital of the school fund was increased 
during the year reported, $256,121.50, by the transfer of 
$33,616.19, the balance due on the loan of 1786 to this fund; 
and of $100,000 of bank stock owned by the state; by the 
avails of the premiums received on the sale of the stock of the 
Hudson and Delaware canal company, amounting to $31,156.50; 
and by the sale of lands owned by the slate at Oswego, by which 
$91,349 were realized for the benefit of the fund. 

The Superintendent recommends the aifording additional 
facilities for common school instruction to children engaged in 
manufacturing establishments; and sug-gests the appropriation 
by the commissioners of common schools, of a portion of 
public money to each such establishment, according to the 
number of children to be benefited by instruction. 

In 1829, the number of common schools had increased to 
8,609, from 8,104 of which returns were received by the Supe- 
rintendent. The number of children between five and sixteen 
years, residing in the several districts from which reports had 
been received, was 440,113; and the number of children taught 
during the year reported, was 468,205; being an excess of 
26,3-19 (>ver the preceding year. 

In 1830 the number of districts was 8,872; reporting, 8,292; 
in which were 468,257 children between the ages of five and 
sixteen; and 480,041 children tausrht; being an increase of 
11,8.36 during the year reported. The Superintendent, in his 
annual report, adverts to the " serious deficiency in the supply 
of competent teachers," as "the great obstacle which it is 
necessary to remove before we can reasonably expect to accom- 
plish the great result, and confer the enduring benefits which 
were anticipated by those who founded and those wdio have fos- 
tered our system of common school instruction." " Those who 
have turned their attention to the subject of giving a higher 
character to the common schools, in this, as well as in other 



48 COMMON SCHOOL SYSTEM 

states," he conlinues, " have reccmmended the establishmen* 
ol" seminaries for the exclusive education of teachers. This 
would serve to multipi)' the lunnher ol" those who would be qua 
lifted to teach; but after beino- tiius qualified at the public 
expense, what guaranty would there be that such persons would 
follow the business oi teaching, unless they could be as libe- 
rally compensated in a district school as in the other pursuits 
of life ? U the inhabitants of the districts were resolved to 
have none other than teachers of the highest grade, and would 
pay the highest premium for talent, our academies and high 
schools wouhl be thronged by persons fitting themselves for the 
business of teaching; and all these institutions would practi- 
cally become schools for the education of teachers. If the dis- 
tricts could be induced to give an adequate compensation, and 
constant employment to first rate instructors, then it would be 
eminently useful to establish seminaries for the special purpose 
of training persons as [)rofessional instructors." " To secure 
permanent teachers, it is indispensable that the inhabitants of 
the districts should afford such reasonable compensation and 
constant emjdoyment as will induce persons of good talents to 
devote themselves to the business of teaching as a profession." 
** If the intelligent farmers in the districts would apply a small 
share of their attention and practical common sense to this sub- 
ject, a revolution in the character of the schools would soon be 
effected." 

The Superintendent also adverts to the multiplicity of text 
books in use in the several schools, but expresses the opinion 
that the designation of any particular work or series of works, 
to the exclusion of all others, would be attended with injurious 
consequences, not only to the schools themselves, but to the 
cause of education generally. He remarks that " great 
improvements are constantly going on in the character of school 
books; the greatest experience, and much of the best talent of 
the country is enlisted in this business; and the fruits of their 
labors are constantly giving them new claims to the approbation 
of the public. The adoption of a particular book would amount 
to a prohibition upon all improvements, and would subject the 
inhabitants to a loss of the prohibited books then on hand. The 
interests of the common schools may be seriously injured, and 
cannot be essentially benefited, by the adoption by law of any 
book or set of books." 

The following is the earliest specific suggestion, looking to 
the establishment of district libraries, which I have been able 
to find. It is contained in Mr. Flagg's report for this year, 
(1830.) 

" A society has been established in England, for the purpose 
of imparting useful information to all classes of the community, 
particularly to such as are unable to avail themselves of expe- 



OF THE STATE OF NEW-YORK. 49 

rienced teachers. To effect this object, treatises on the varions 
sciences, and books of practical utility have been published at 
such moderate prices, as to bring- them within the reach of all 
classes. A small sum applied to the publication and distribu- 
tion among the several school districts, of similar works, would 
have the most favorable influence." 

It will have been perceived, however, that Gov. Clinton, in 
his message at the opening of the session of 1827, called the 
attention of the legislature to the expediency of providing 
"small and suitable collections of books and maps," to be 
attached to the common schools. 

Gov. Throop, in his message to the legislature, at the opening 
of the session of 1831, thus alludes to this great interest of the 
state : 

" There is no one of our public institutions of more impor- 
tance, or which has better fulfilled public expectation, than that 
providing for instruction in common schools. The large fund 
appropriated to that object has produced a complete organi- 
zation throughout the state ; and although the system has had to 
encounter all the obstacles to a new enterprise of such magni- 
tude in its operations and objects, yet it has been well seconded 
by public zeal and liberality. Its imperfections may receive 
some correction from legislation, yet more is to be hoped from 
individual exertions, to carry the design of the legislature into 
effect within the several districts." 

From the annual report of the Superintendent, for this year, 
it appears that the whole number of districts was 9,062, from 
8,630 of which reports had been made in accordance with law; 
that the number of children between the ages of five and six- 
teen, residing in the several districts from which such reports 
had been received, was 497,503; and the number of children 
taught therein during the year reported, 499,434; being an 
increase of 19,333 over the number so taught tliQ preced- 
ceding year. The aggregate amount of public money received 
and expended in the several districts, for the payment of the 
wages of duly qualified teachers, was, $'239,713.00; of which 
$100,000 was paid by the state from the common school fund; 
and the residue derived from a tax on the several towns, and 
from local funds. In addition to the public money, there was 
paid by the inhabitants of the several districts, on rate bills for 
teachers' wages, $346,807; making a total of $586,520 paid 
for teachers' wages alone. The average annual increase of the 
number of scholars instructed in the common schools, during 
the preceding eleven years, was 20,000. 

The productive capital of the common school fund, amounted 
at this time to $1,696,743.66; and the revenue actually received 
into the treasury, on account of tliis fund, during the year 1830, 
exceeded the sum required for apportionment among the seve- 

4 



50 COMMON SCHOOL SYSTEM 

ral districts by ?$678.60; it being the first year in which the 
revenue had produced the sum requisite for this purpose. 

The Superintendent in this report, examines and discusses at 
considerabh^ length the various plans for the education of teach 
ers; and recommends the conversion of the several academies, 
equal in number at that period to the counties in the state, into 
seminaries for training teachers. On this subject he remarks: 
" The state has done much for these schools, and something in 
aid of the cause of the common schools may reasonably be 
expected from them ; and if the required information to fit a 
person for teaching can be obtained in the present institutions, 
sound policy and good economy are in favor of relying upon 
them for the training of teachers." He adverts in this connec- 
tion to the proposition presented to the legislature at its preced- 
ing session, by a committee of the citizens of Rochester, for 
the establishment of a state seminary for the education of teach- 
ers, and a town central school in each town in the state, as a 
document exhibiting "much research and attention to the sub- 
ject of common school instruction. " In this memorial (legis- 
lative documents, 1830, volume iv. no. 387,) the committee, 
(Messrs. Penney, Comstock, Brown, Ward and Norton,) after 
recapitulating the prominent defects in the existing condition 
of common school education, submits a plan, designed 

"1. To furnish a competent supply of well qualified teachers. 

"2. To diffuse the benefits of good teaching, at an early 
period through all the districts in the state, and to accomplish 
the intention of the law as to an efficient inspection. 

" 3. To secure such a degree of respect and compensation to 
teachers, as to induce men of good talents and qualifications to 
make teaching a profession for life ; and 

"4. So to organize and govern the whole system of common 
school education as sufficiently to protect this great interest 
from every kind of abuse, and to cherish it for the various use- 
ful ends it may be made to serve. 

" It is proposed to effect the first of these objects by the esta- 
blishment of, say three state seminaries, for the education of 
teachers; the second, by promoting the erection of one central 
school of the most approved description in each town, having 
the duties and services of its teacher so connected with all the 
other districts of the town as to secure the object of good teach- 
ing to all, and gradually to qualify good teachers for the whole." 
The particular details of the plan Avere also presented under the 
five following general heads : 

" 1. Of the proper qualifications of a teacher. 

^' 2. Of a state seminary for educating teachers — its govern 
ment — its course of instruction — admission of students — their 
diplomas and privileges. 

"3. Of the town central schools — ^their government, &c. 



OF THE STATE OF NEW-YORK. 51 

''4. Of an annual meeting of the faculties, and report on 
school books, &c. 

" 5. Of the government and general superintendence of the 
whole." 

The great length of this document precludes its insertion 
here. It is, however, well worthy of a cfeliberate and attentiv'e 
examination, in the present advanced stage of educational 
science; and its sound suggestions and practical views com- 
mend it to the favorable regards of all desirous of elevating 
and expanding to their utmost practicable limits, the capabili- 
ties of our unrivalled system of public instruction. The con- 
dition of the common school fund at the period when these 
views were presented, Interposed an insuperable obstacle to the 
adoption of the plan proposed. This objection has now to a 
great extent disappeared; and it is believed that a sound and 
enlightened public sentiment would sustain the public authorities 
in carrying into execution, with such modifications and improve- 
ments as experience has subsequently brought to light, the 
recommendations and suggestions of the memorialists, at least 
so far as a state seminary for the preparation of teachers is 
concerned. The Superintendent, in his report for the present 
year, also examines and discusses the question, how far the 
expenses of supporting and maintaining the common schools, 
and supplying them with competent teachers, may advantage- 
ously be provided from the public funds of the state, and to 
what extent they may safely and successfully be committed 
immediately to the inhabitants of the several districts. He com- 
pares the operation of our system, in this respect, with those of 
Pennsylvania, Virginia, Connecticut, and other states, in the 
two former of which the public funds were exclusively appro- 
prip.ted to the benefit of the children of indigent inhabitants of 
the several districts, and in Connecticut, were lavished with an 
indiscriminate profusion, furnishing ample means for the gra- 
tuitous instruction of all classes. 

''Our system" he observes, ''is well calculated to aw^aken 
the attention of all the inhabitants to the concerns of the dis 
trict school. The power given to district meetings to levy a 
tax, to a limited extent, upon the property of the district, 
excites a direct interest wdth all the taxable inhabitants to 
attend the district meetings, whether they have children requir- 
ing school accommodations or not. The wealthy are thus 
prompted to act as trustees, and to watch over the concerns of 
the district, in order to see that its affairs are conducted with 
care and economy; and much of the intelligence of the district 
is put in requisition by the peculiarity of our plan, which might 
be wholly lost to the districts if the whole expense of the tuition 
was provided by a state fund." " It has been urged," he 
remarks, in another place, " that the amount distributed from 



52 COMMON SCHOOL SYSTEM 

our fund is too small, and that an increase of the fund would, 
of itself, raise the standard of the common schools; but an 
increase of the school moneys would be much more likely to 
decrease the contributions of individuals, than to elevate the 
standard of the common schools." At this period the amount of 
public money apportioned by the state for the payment of teach- 
ers' wages in the several districts, was $-100,000; while the 
amount raised on rate bills was $'346,807. The annual report 
of the Superintendent for 1844 shows that while the amount of 
public money received from the state treasury applicable to the 
same purpose, was ^220,000, the amount paid on rate bills was 
$'509,376.97 only; being- $2-54,000 less than a proportionate 
amount under the increased fund contributed by the state. 

On the subject of a proposed uniformity of text books in the 
several schools, the Superintendent reniarks, " no man or set 
of men could make out a list of class books for the instruction 
of half a million of scholars, which would give general satis- 
faction; and there is great reason to believe that the experiment 
to produce uniformity would do more harm than it promises to 
do good. In view of all the difficulties w^hich surround this 
subject, the Superintendent believes that it is best to leave the 
selfection of class books to the intelligence of the inhabitants 
of the districts and towns." In support of these views he refers 
to a very able report of the literature committee in the assem- 
bly, made the preceding year, and which will be found in the 
fourth volume of the legislative documents of that year, (No. 
431,) of 1830. 

In conclusion, the Superintendent observes: 

"The immense importance of elevating the standard of edu- 
cation in the common schools is strongly enforced by the fact, 
that to every ten persons receiving instruction in the higher 
schools, there are at least live hundred dependant upon the com- 
mon schools for their education. In urging the importance of 
common schools, it is not designed to depreciate the great utility 
of those of a higher grade. In the discussions on the subject 
of popular education, it has in some cases been urged that aca- 
demies and high schools were injurious to the common schools, 
by withdrawing from the aid of the latter, the patronage and 
care of those who are able to send to the former schools. There 
is nothing in our experience which should induce us to look 
with disfavor upon the higher schools, and the patriot and phi- 
lanthropist, in estimating the means which are to contribute to 
the perpetuity of our happy form of government, will regard 
all our schpols and seminaries as parts of the same useful and 
valuable system, from the university to the infant school." 

In 1832, the number of school districts had increased to 
9,333, from 8,835 of which reports were received. Tlie whole 
number of children between five and sixteen years of age 



OF THE STATE OF NEW-YORK. 53 

residing in the several reporting- districts, was 504,685; and the 
number taught during the preceding year, was 497,257; being Vf ^ 
an increase of 7,463 since the last report. 

" The school system of New- York," remarks the Superin- 
tendent, " has been formed by combining the advantages of 
the difterent plans of supporting common schools which prevail 
in the New-England states. Connecticut has a large fund 
which produces nearly or quite the amount paid for teachers' 
wages, and they have no local tax. Massachusetts and Maine 
have no public fund, and the wages of teachers are provided by 
a town tax. Our system happily combines the principles of a 
state fund and a town tax; enough is apportioned from the state 
treasury to invite and encourage the co-operation of the dis- 
tricts and towns; and not so much as to induce the inhabitants 
to believe that they have nothing more to do than to hire a 
teacher to absorb the public money. The tax authorized upon 
the property of the town and district has a most salutary efiect 
in awakening the attention of the inhabitants to the concerns of 
the common schools. The power of district meetings to raise 
money by tax, induces the inhabitants to attend the meetings, 
and to overlook the interests and proceedings of the district; 
when, if the whole expense was provided by a state fund, they 
would allow the trustees to receive and expend the money, as 
if it was a matter which did not interest the great body of the 
inhabitants of the district. "Whatever differences of opinion 
may exist as to the best mode of providing for the expense of 
giving instruction to all the children of the state, the success 
which has attended our system warrants the conclusion that a 
public fund may be made eminently useful in organizing a sys- 
tem of universal instruction. The apportionment of a few dol- 
lars is often the immediate inducement for neighborhoods to 
establish schools where none existed before, and for prompting 
new settlements to erect school houses, at an earlier period 
than they otherwise would have done, in order to participate in 
a fund, however small, which they know is enjoyed by other 
districts in their town." 

In relation to the " vexed question " of text books, the Supe- 
rintendent renews the expression of his opinion " that the adop- 
tion of a particular set of class books could be of no advantage 
except to the favored authors, to whom the monopoly of sup- 
plying the scholars should be given. Towards all other authors, 
who have devoted their time and talents to the preparation of 
books, as well as publishers who have embarked their fortunes 
in particular works, it would operate proscriptively and with 
manifest injustice." 

In his message at the opening of the session of 1833, Gov 
Marcy thus adverts to the subject of common schools : 



54 COMMON SCHOOL SYSTEM 

'' Of all our institutions, there is none that presents such 
strong claims to the patrona^j^e of the o^overnment as our system 
of common schools; and it is gratifying to know that these 
claims have been recognized, and to a very considerable extent, 
satisfied. The wisdom and providence of our legislation 
appears perhaps no where so conspicuously, as in the measures 
which have been adopted, and the means which have been pro- 
vided for the general diffusion of primary education among the 
children of all classes of our citizens." After adverting to the 
information contained in the annual report of the Superintend- 
ent relative to the condition and prospects of the common 
schools, the governor proceeds: " An active and adventurous 
spirit of improvement characterizes the present age. Its best 
direction would seem to be towards multiplying the facilities, 
and consequently abridging the time and labor of acquiring 
knowledge. I indulge the hope that much may yet be done in 
this respect for primary education. One of the most obvious 
improvements in relation to common schools, would be a plan 
for supplying them with competent teachers. Under present 
circumstances, the remedy to the evils resulting from the em- 
ployment of persons not properly qualified, can only be applied 
by the trustees and inspectors; and I am not apprised that any 
further direction for regulating their duties in this respect, 
could be usefully presented to the legislature." 

From the annual report of the Superintendent it appeared that 
in 1833, the number of school districts had increased to 9,600; 
from 8,941 of which reports were received, in which there 
were 508,878 children between five and sixteen years of age, 
and 494,959 children taught during the year reported; bemg 
a decrease of 2,146 since the preceding year. The Superin- 
tendent renews the expression of his conviction that the acade- 
mies are adequate to the supply of competent teachers for the 
common schools. He also again calls the attention of the legis- 
lature to the expediency of making some suitable provision for 
the education of the children of persons engaged in the various 
manufacturing establishments of the state. 

" The policy of all our laws," he observes, 'Ms to secure a 
good common school education to every child in the state; and 
tlie condition of the children who are employed in the manufac- 
tories, as to their means of instruction, on2:ht to be carefully 
inquired into and provided for. The diffusion of education 
among all classes of our population is deemed of such vital 
importance to the preservation of our free institutions, that if 
the obligations which rest upon every good citizen in ihis par- 
ticular are disregarded, the persons having the custody of such 
children ought to be visited with such disabilities as will induce 
them, from interest if not from principle, to cause the children 
to be instructed, at least in reading, writing, and arithmetic. 



or THE STATE OF NEW- YORK. 55 

Intelligence lias been regarded as the vital principle of a free 
irovcrnment, and every parent, guardian or master, who neglects 
or refuses to g"ive the children under his charge the advantages 
of a common school education, particularly in cases where the 
instruction is offered "without money and without price," is 
as much an offender against the state, as the man who refuses 
to perform any other duty which is deemed essential to the pre- 
servation of our liberties." 

On the l-5th day of January, 1833, John A. Dix was appoint- 
ed secretary of state and Superintendent of Common Schools, 
Mr. Flagg having been promoted to the office of comptroller. 
During the administration of the latter, a period of seven years, 
the number of school districts in the state had increased from 
7,773 to 9,600; the number of children instructed in them, from 
425,586 to 494,959, and the proportion of the number of children 
taught to the vvhole number residing in the several districts, from 
1 00 to 93; to 250 to 24 £. The amount of public money annually 
appropriated for the payment of the wages of approved teach- 
ers, had increased from $482,790.09 to $305,582.78. The 
external organization and internal details of the system had 
received the fostering care and enlightened attention of the 
most practical and discriminating minds of the state; and the 
unequalled rapidity with which districts sprung up in every sec- 
tion of the state, and children of all ages and classes were 
gathered into the common schools, sufficiently indicate the 
general appreciation of the advantages and merits of the sys- 
tem, on the part of the people generally. To untiring industry 
and great efficiency, Mr. Flagg united an eminently practical 
mind, which enabled him, in the midst of numerous and plau- 
sible projects for the elevation and imj)rovement of the system 
of popular education, to select and recommend those only 
which promised the realization of the hopes and aspirations of 
the sound and judicious friends of the common schools; and 
accordingly, while steadfastly setting his face against the adop- 
tion of an uniform series of text books, and of a state seminary 
for the instruction of teachers, as impracticable in the existing 
state of things, he strongly urged the adoption of a more effi- 
cient and vigorous system of inspection and supervision, and 
several years in advance of any direct movement on the subject, 
recommended the publication and distribution of suitable books 
for the diffusion of useful knowledge, among the several school 
districts of the state. 

During his administration of the common school department, 
the foundations were laid of those equitable principles upon 
which the various controversies growing out of the several 
school laws, were adjusted by the decisions of the Superintend- 
ent. Up to this period, no records of the adjudications of this 
officer had been kept; and the various questions almost daily 



56 COMMON SCHOOL SYSTEM 

presented for settlement had been determined upon their specific 
merits, without apparently any attempt to reduce the system to 
unity and harmony, or to establish and maintain general princi- 
ples of interpretation and decision. The decisions of Mr. 
Flag-g, and his successor, Gen. Dix, were, in 1837, collected by 
the latter and published, for the benefit of the several officers 
connected with the administration of the system throughout the 
state ; and they have not only served as a basis for the determi- 
nation of the numerous and complicated questions which have 
since arisen, but have exercised a highly beneficial influence 
upon the councils and proceedings of the officers and inhabi- 
tants of the several districts, by repressing litigation, by defin- 
ing the powers, privileges and responsibilities of those called to 
the performance of any duty in relation to the common schools, 
and by the introduction and settlement of fixed principles of 
interpretation, applicable to almost every emergency likely to 
arise in the practical operation of the system. 

From the first annual report of Gen. Dix as Superintendent 
of Common Schools, made on the 8th of January, 1834, it 
appeared that there were 9,690 school districts in the state, from 
9,107 of which reports had been made in accordance with law. 
The number of children between the ages of five and sixteen, 
residmg in the several districts from which reports were receiv- 
ed, was 522,618; and the whole number of children taught in 
the several district schools, was 512,475; being an increase of 
17,516 over the number thus instructed during the preceding 
year. In reference to the amount of the public funds provided 
for the support of common schools, the Superintendent expresses 
his opinion that the sum (^^-100,000) distributed among the seve- 
ral districts, was as great as was necessary to accomplish every 
object of such a distribution. " Experience in other states," 
he observes, " has proved M'hat has been abundantly confirmed 
by our own, that too large a sum of public money distributed 
among the common schools has no salutary effect. Beyond a 
certain point, the voluntary contributions of the inhabitants 
decline in amount with almost uniform regularity as the contri- 
butions from a public fund increase." " Should the general 
fund at any future day be recruited so as to admit of an aug- 
mentation of the capital or revenue of the common school fund, 
or both, the policy of increasing the sum annually distributed 
to the common schools, beyond an amount which shall, when 
taken in connexion with the number of children annually taught 
in them, exceed the present rate of apportionment, would be in 
the highest degree questionable." 

With respect to the preparation of teachers for the common 
schools, the Superintendent concurs generally in the views of 
his predecessor, that the several academies in the state, aided 
by liberal appropriations for this purpose from the literature 



OF THE STATE OF NEW-YORK. 57 

fund, are abundantly adequate to the accomplishment of the 
object in view; that the establishment of one or more teachers' 
seminaries, devoted exclusively to this object, would be imprac- 
ticable without requiring the districts not only to employ such 
teachers when prepared, but to provide them with an adequate 
compensation— neither of which measures would for a moment 
be tolerated; and that the demand on the part of the districts 
for teachers of a hig-her degree of qualification will be met by 
a corresponding supply from the academies, whenever sufficient 
inducements are held out to the latter to devote a large portion 
of their attention to the preparation of such teachers. An 
enlightened appreciation, on the part of inhabitants of districts 
generally, of the functions and responsibilities of teachers— a 
determination to secure the highest order of talent, and to pro- 
vide an adequate compensation— and a disposition to elevate 
the character and advance the social rank of the teacher, by 
assigning him that station in the regards of the community 
which is due to the dignity and utility of his profession: these 
are regarded as indispensable pre- requisites to the success of 
any system which contemplates the specific preparation of 
teachers. 

On the subject of the adoption of a uniform series of text 
uooks for the use of the schools, the Superintendent also adopts 
the views of his predecessors, discountenancing such a measure 
as impracticable and unjust. 

In reference to the establishment of District Libraries 
the Superintendent observes : 

" If the inhabitants of school districts were authorized to lay a tax upon their pro- 
perty for the purpose of purchasing libraries for the use of the district, such a power 
might, with proper restrictions, become a most efficient instrument in diifusino- use- 
ful knowledge, and in elevating the intellectual character of the people. A va^t 
amount ot useiul information might in this manner be collected, where it would be 
easily accessible, and its influence could hardly fail to be in the highest deTee salu- 
tary, by furnishing the means of improvement to those who have finished their com- 
mon school education, as well as to those who have not. The demand for books 
would ensure extensive editions of works containing matter judiciously selected, at 
prices which competilion would soon reduce to tlie lowest rate at which they could 
be furni-sJaed. By making the imposition of the tax wholly discretionary with the 
mhabitants of each district, and leaving the selection of the works under their entire 
controL the danger of rendering such a provision subservient to the propao-ation of 
particular doctrines or opinions would be effectually 'iuarded against by the?r watch- 
fulness and intelligence." 

By an act of the legislature passed this year, the surplus 
income of the literature fund, beyond the sum of ^12,000, was 
placed at the disposal of the Regents of the University, to be 
by them distributed to such of the academies subject to their 
visitation as they might select, and to be devoted exclusively to 
the education of common school teachers. The funds thus 
appropriated were estimated at about f 3,000 per annum. 

At the opening of the session of 1835, Gov. Marcy, in his 
message, commended to the special attention of the legislature 
the adoption of " a provision for supplying competent teachers. 



5S COMMON SCHOOL SYSTEM 

improvements in the method of instruction, and the faithful and 
economical application of the funds to such objects and in such 
a manner as will insure the best results." He observes, " In 
regard to the common schools, considering- their gieat impor- 
tance in a political and moral point of view, the efforts of the 
legislature should not be intermitted until the system shall be so 
improved as to secure to the children of all classes and condi- 
tions of our population, such an education as will qualify them 
to fulfil in a proper manner, the duties appertaining to whate- 
ver may be their respective pursuits and conditions of life." 

The number of school districts at this period had increased 
to 9,865; the whole number of children between the ages of 
five and sixteen, to 534,000; and the number taught in the seve- 
ral districts from which reports had been received, to 521,240, or 
18,256 more than were so instructed during the preceding year. 

The following extract from the annual report of the Superin- 
tendent, transmitted to the legislature on the 7th of January of 
this year, will exhibit the views of that cificer in reference to 
the adequacy of the academies to furnish the common schools 
Avith a competent supply of duly qualified teachers, and also in 
reference to the relations which the various institutions for the 
promotion of public instruction should sustain to each other: 

"If the foundations of our whole system of public instruction were to belaid anew, 
it would, perhaps, be advisable to create separate seminaries for the preparation of 
teachers, although from the nature of our institutions, it might be deemed arbitrary, 
if indeed it were practicable, to compel the school districts to employ them. It would 
be equally difficult, without a gi'eat augmentation of the school fund, to present to the 
districts a sufficient pecuniaiy inducement to engage the individuals fhns prepared ; 
and it may be safely assumed that nothnig short of a thorough conviction in the pub- 
lic mind, that common school teachei's are in general incompetent to the proper ful- 
filment of their trusts, and that the standard of education is extremely imperfect, 
would accomplish the object. If that conviction can now be created, the existing 
evils may readily be redressed. Our common school system is so perfectly organiz- 
ed, and administered throughout with so much order and regulaiity, and so many 
academies under able management are already established, that it would seem the 
part of wisdom to avail ourselves of ihesc institutions, to the extent of their capacity, 
for the purpose of training teachers for the common schools. Their endowments, 
their organization, the experience and skill of their instructors, and their whole intel- 
lectual power, may be made subservient to the public pui-jjose in view, and with tlie 
aid which the state can lend, much may be eifected. But whatever differences of 
opinion may prevail with regard to the foundation of this plan, in sound policy, the 
question has been settled by the legislature, and it I'emains only to cariy it into exe 
cution with proper energy. "Should it prove inadequate to the ends pi'oposed, a change 
of i)lan may then be insisted on, without being open to the objection of abandoning a 
system which has not been fairly tested. 

" It may not be improper to remarlc in this place, that the necessary connexion 
which exists between our common schools and the literaiy institutions of the state, 
including those of the highest grade, has been too frequently overlooked. The aca- 
demies have already been, in effect, without receiving from the state any direct pecu- 
niary aid for the purpose, nrn'series for common school teachers. The great body of 
those who have either temporarily or permanently devoted themselves to teacliing, 
have been^ireparcd at the acadeniies with a view "to that occupation, or to some pro- 
fessional employment. The instructors in the academies have in their turn been 
educated in the colleges ; and but for the latter or some other system of classical and 
scientific education, as a substitute for the course of training pursued in the colleges, 
the academies would obviously be destitute of the necessaiy supply of tutors. Tlius 
all our incorporated literary institutions minister to the improvement of the common 
school system, on which the great body of the people are dependant for their edit 
cation." 



OF THE STATE OF NEW-YORK. 59 

The Superintendent, after adverting to the defective state of 
the systems of instruction in common schools, proceeds at con- 
siderable length to combat the idea that " the education which 
an individual receives, should be designed exclusively to fit 
him for the particular employment which he is destined to pur- 
sue." " The attention of the great body of the people" he 
justly remarks, " should be directed to objects beyond the 
sphere of the employments on which they depend for their sup- 
port." '* Knowledge carries with it influence over the minds 
of others, and this influence is power. In free governments — 
what is of more vital concern — it is political power." And he 
illustrates these views by a reference to the range and impor- 
tance of the duties devolving upon every American citizen. 

On the 8th of January, 1835, Gen. Dix, as chairman of a 
committee of the Regents of the University, appointed to pre- 
pare and report a plan for the better education of teachers of 
common schools, submitted an elaborate and able report recom- 
mending the establishment and organization of a teachers' 
department, to be connected with one academy to be designated 
by the Regents, in each of the eight senatorial districts of the 
state; indicating the course of study to be pursued in such 
departments; and suggesting for the consideration of the 
Regents the academies lo be selected for this purpose, which 
should each receive annually the sum of ^400 from the fund 
applicable to this object. The report was agreed to by the 
Regents, and Erasmus Hall Academy in Kings county, Mont- 
gomery Academy, Orange county, Kinderhook, St. Lawrence, 
Fairfield, Oxford, Canandaigua, and Middlebury academies 
were designated for the establishment of these institutions, on 
the basis and subject to the restrictions and regulations indi- 
cated in the report. 

On the 13th of April of this year, the foundations of the Dis- 
trict School Library were laid by an act authorizing the taxable 
inhabitants of the several school districts to impose a tax not 
exceeding twenty dollars for the first year, and ten dollars for 
each succeeding year, " for the purchase of a district library, 
consisting of such books as they shall in their district meeting 
direct." 

On the 6th of May, Mr. Wetmore, of New-York, chair- 
man of the literature committee of the house, made a very able 
report, concluding with a recommendation for the establishment 
of a separate "Department of Public Instruction," under the 
superintendence of an officer to be known as " Secretary of 
Public Instruction," to be appointed by the legislature trienni- 
ally, in the same manner with other state officers; who should 
possess Ihe powers and discharge the duties of Superintendent 
of Common Schools, and be ex-ofiicio Chancellor of the Regents 
of the University, &c. The several colleges and academies of 



60 COMMON SCHOOL SYSTEM 

the state were to be subject to his visitation; and he was requir- 
ed particularly to visit and inspect those academies in which 
departnfients for the education of teachers were established. 
No definite action was however had on this proposition, by the 
legislature. 

The following: is an extract from Gov. Marcy's message at 
/ the opening" of the session of 1836 : 

•' In a s^ovemment like oure, which emanates from the people, where the entire 
administration, m all its various branches, is conducted for their benefit and subject 
to their constant supenision and control ; and where the safety and the perpetuity of 
all its political institutions depend upon their virtue and intelligence, no other subject 
can be equal in importance to that of public insti-uction, and none should so earnestly 
engage tlie attention of the legislature. Ignorance, with all the moral evils of which 
it is the prolific source, brings with it also numerous political evils, dangerous to the 
welfare of the state, it should be the anxious care of tlie legislature to eradicate 
these evils by removing the causes of them. This can be done effectually, only by 
diffusing instruction generally among the people. Although much remaitis here to 
be (lone in this respect, the past efforts of legislation upon the subject merit high com- 
mendation. Much has been already accomplished for the cause of popular educa- 
tion. A large fund has been dedicated to this object, and our common school system 
is establislied on right principles.. But this is one of those subjects for which all can- 
not be done that is required, without a powerful co-operation on the part of the people 
in their individual capacity. The pi-oviding of funds for education is an indi'^pensa- 
ble means for attaining the end ; but it is not education. The wisest .^system that can 
be devised cannot be executed without human agency. Tlie difficulty in the case 
arises, I fear, from tire fact that the benefits of general education can only be fully 
appreciated by those who ai-e educated themselves. Those parents who are so unfor- 
tunate as not to be properly educated, and those whose condition requires them to 
employ their time and their efforts to gain the means of subsistence, do not, in many 
instances, sufficiently v;^lue the importance of education. Yet it is for tlien- children, 
in common with all others, that the common school system is designed ; and until its 
blessings are made to reach them, it will not be what it ought to be. If pai'ents gene- 
rally were sensible of the inestimable advantages they were procuring for their chil- 
dren by educating them, I am sure the efforts and contributions which are required 
to give full efficiency to our present system would not be witliheld. If I have rightly 
apprehended the indications of public opinion on this subject, a more auspicious sea- 
son is approaching. At this time, a much larger number of individuals than hereto- 
fore are exerting their energies and contributing their means, to impi-ess the public 
mihd with the importance of making our system of popular instruction etF.^ctive 
in diffusing its benefits to all the children in the state. I anticipate much good from 
the prevalence of the sentiment that the efforts of individuals must co-operate with 
the public authorities to ensure success to any system of general education." 

From the annual report of the Superintendent, it appeared that 
the number of districts had increased to 10,132; the number of 
c i:i'h children between the ages of five and sixteen, to 543,000; and 
^''**^' the number taught in the several districts from which reports 
,( -ZJ^ had been received, to 541,400, being an increase of over 10,000 l<i">~ir 
from the preceding year. The Superintendent repeats the ex- 
pression of his conviction, " that a school fund so large as to 
admit of a di.stribution of money to the common schools in any 
degree approaching the amount expended for their support, 
would be likely to be injurious rather than beneficial. A school 
fund," he observes, " can only be useful when its revenue is 
sulTicient, and no more than sufficient, to operate as an induce- 
ment to the inhabitants of school districts to contribute liberally 
to their support." " It is, from the nature of the subject, 
impossible to fix the exact limit, below which a reduction of 
the sum distributed (including the amount raised by taxation in 



OF THE STATE OF NEW-YORK. 



61 



the several towns) would cease to operate as an inducement to 
the inhabitants to assume the residue of the expenses of main- 
taining^ the schools, or beyond which its increase would render 
their Ixirdens so light as to create inattention to the concerns of 
the districts. It may, however, be safely assumed, that, at any 
point between fortv and fifty cents per scholar, it is not proba- 
ble that either of these evils would be felt; and that its aug- 
mentation above the maximum, on the one hand, or its reduc- 
tion on the other, below the minimum above named, ought to 
be avoided, if practicable." The effect of the increase of the 
sum so distributed to eighty- four cents per scholar, during the 
past six years, has certainly, it may here be remarked, by no 
means impeached the soundness and accuracy of this proposi- 
tion; the extent to which the schools have improved being 
clearly attributable to other and more potent influences than the 
augmentation of the public funds applicable to their support. ^ 

At the opentng of the session of 1837, Gov. Marcy again 
brought the subject of common school education before the 
legisTature, in connection with the act of congress of the pre- 
ceding year, authorizing the deposit of the share belonging to 
this state, of the surplus revenue of the United States, Avith the 
state for safe keeping, until required by the general government. 
He recommended the appropriation from the income of this 
fund, of an amount equal to the sum annually distributed to the 
common schools, to be applied to the same purpose, viz. the 
payment of the wages of duly qualified teachers; making the 
annual distribution for this purpose, $-220,000— a liberal appl^o- 
priation to the academies, "having in view principally the 
design of rendering them more ef&cient as seminaries for edu- 
cating common school teachers — and the addition of the residue 
of such income to the capital of the common school fund. He 
also recommended the transfer of the general superintendence 
and supervision of the several academies of the state, from the 
Regents of the University to the secretary of state in his capa- 
city of Superintendent of Common Schools, disapproyins; of the 
proposed erection of a separate department of public instruc- 
tion, and suggesting the appointment of an additional deputy to 
aid the secretary in the performance of this portion of his 
official duties. He commends the efforts in progress for the 
promotion of popular instruction by the diffusion of education 
through all ranks of the people, and the devotion of talents and 
wealth to this great cause; and expresses his conviction, that 
aided by the powerful co-operation of the legislature, its 
advancement may confidently be anticipated. 

The sum of ^110,000 was this year apportioned amonff the 
several school districts, the number of which had augmented 
to 10,20?; The number of children between five and sixteen 
residing in the several districts from which reports had been 



62 COMMON SCHOOL SYSTEM 

received, was 538,398; and the number instructed within the 
year, 532,167; being- a diminution of 9,234 Irom the number 
instructed the preceding year. This diminution is accounted 
for by the Superintendent, " by the prevalence of an absorbing 
attention, in a considerable portion of the community, to their 
pecuniary interests rather than to the interests of education. '' 
'* Strong- excitements in the community," he observes, " espe- 
cially when continued for a length of time, are in their nature 
unfriendly to the cause of education; and of such excitements 
none is perhaps so much so as that which is characteristic of 
periods when fortunes are amassed without effort and by the 
mere chances of speculation." " In the year 1834," he con- 
tinues, "the common schools were in better condition, in all 
respects, than they had been at any previous time ; and, as is well 
known, that year was distinguished by a serious depression in 
Ihe business affairs of the country. The interests of education 
seem never to be better secured than in seasons when individu- 
als are compelled to husband their resources, and when the 
highest as well as the most certain rewards are those which are 
the fruit of patient industry. No period seems less propitious 
to the promotion of those interests, than that season of delusive 
prosperity in which multitudes are tempted by a few instances 
of wealth suddenly acquired, to lay aside their accustomed avo- 
cations, and embark in the precarious pursuit of fortune." 

In his message at the opening of the session of 1838, Gov. 
Marcy repeats his recommendations of the previous year in 
reference to the proper disposition of the revenue of the United 
States deposit fund, with the additional suggestion that a por- 
tion of this fund be devoted to the purchase of District Li- 
braries, in such of the several school districts of the state an 
should raise by taxation an equal amount for that object. In 
reference to the departments for the education of teachers con- 
nected with the respective academies designated by the Regents 
of the University, he expresses the opinion, that however ably 
conducted, they must of necessity be inadequate to the supply 
of the requisite number of teachers for the common schools, 
and suggests the establishment of county normal schools, " on 
principles analogous to those on which our system of common 
schools is founded." An increase of the number of academies 
provided with teachers' departments, is also suggested, the addi- 
tional expense to be defrayed from the revenue of the deposit 
fund. 

The number of school districts had now increased to 10,345 : 
the number of children between five and sixteen residing in the 
several districts from which reports were received, to 536,882 
and the number taught was 524,188; showing a still further 
diminution of nearly 8,000 from the preceding year. 



OF THE STATE OF NEW-YORK. 63 

During this session the sum of ,^160,000 was added from the 
annual revenue of the United States deposit fund, to the amount 
to be apportioned among the several school districts of the 
state ; of which ^^55,000 was required to be expended by the 
trustees in the purchase of suitable books for a district library, 
and the residue for the payment of the wages of duly qualified 
teachers. An equal amount was also required to be raised by 
taxation on the several counties and towns, and applied to the 
same purpose. The residue of the income, after making cer- 
tain appropriations to the colleges and academies, was added 
to the capital of the common school fund. 

On the 7th of March, Mr. Barnard, from the literature 
committee of the house, submitted a masterly and eloquent re- 
port upon the general subject of public instruction, to which we 
regret that our limits compel us only to advert. Many impor- 
tant and valuable suggestions for the extension and greater 
efficiency of our systems of popular education will be found 
embraced in this document. No specific action, however, in 
accordance with the recommendations of the report, was had. 

At the opening of the session of 1839, Gov. Sevtard called 
the attention of the legislature, in an especial manner, to the 
interests of elementary public instruction ; expressing his con- 
viction of the paramount necessity of elevating the standard ol 
education; recommending legislative co-operation in the fur- 
therance of the effort to engraft the system of normal schools 
upon our institutions for education, through the agency of the 
academies; strongly commending the district library system; 
and urging the indispensable necessity of a more thorough and 
efficient visitation and supervision of our common schools. 

By the annual report of the Superintendent, it appeared that 
the number of organized school districts in the state was, at 
this period, 10,583; the number of children between the ages 
of five and sixteen years, residing in the several districts from 
which reports had been received, 539,749; and the number of 
children under instruction, 528,913; exceeding by 4,725 the 
number instructed the preceding year. 

In reference to the act of April, 1838, appropriating the 
income of the U. S. Deposit Fund to the purposes of education, 
the Superintendent observes: 

'' The acts of April last, after making certain appropriations 
for the support of colleges, academies and common schools, 
from the income of the United States Deposit Fund, provides 
that the residue of that income shall be added annually to the 
capital of the common school fund. The income of the former 
fund will amount to nearly #260,000 per annum, and the appro- 
priations referred to amount to $208,000, viz. : to the common 
schools, to be applied to the payment of teachers, $110,000, 
and ^55,000 to the purchase of school district libraries; to the 



64 COMMON SCHOOL SYSTEM 

literature fund $-28,000, and to colleges ^^15,000; leavings a bal- 
ance of about ^'50,000 to be applied to the increase of the last 
mentioned fund. Should this appropriation continue undis- 
turbed, the capital of the common school fund will, by the year 
1850, amount to about ^3,000,000, without any further provision 
for its increase ; as the sales of lands belonging to it may be 
expected to yield two or three hundred thousand dollars." 

On the subject of moral and religious instruction in the seve- 
ral schools, the Superintendent has the following sensible and 
judicious remarks : 

" However desirable it may be to lay the foundations of com- 
mon school education in religious instruction, the multiplicity 
of sects in this state would render the accomplishment of such 
an object a work of great difl&culty. In the state of Massachu- 
setts it is provided by law that no school books shall be used in 
any of the schools " calculated to favor any religious sect." In 
this state no such legal provision has been made ; but the natu- 
ral desire of every class of Christians to exclude from the 
schools instruction in the tenets of other classes has led to the 
disuse, by common consent, of religious books of almost every 
description, excepting the Bible and New Testament, which 
are used in more /than one hundred towns as reading books. 
The spirit of jealousy by which the schools are surrounded, 
regarded as they are as most efficient instruments in the forma- 
tion of opinions, will probably render this state of things per- 
petual: and it is of the greater importance, therefore, that 
moral instruction and training should constitute a principal 
branch of the system of education. No teacher can receive a 
certificate of qualification from the inspectors, unless they are 
satisfied as to his moral character. In this respect the inspect- 
ors cannot be too rigid in their scrutiny. A teacher whose 
moral sentiments are loose, or whose habits of life are irregu- 
lar, is an unfit instructor for the young, whatever may be his 
intellectual acquirements, or his skill in communicating know- 
ledge. The lessons of moral truth, which are taught at the 
domestic fireside, and the examples of moral rectitude and 
purity, Avhich are there displayed, will be in danger of losing 
all their benefit, if the school-room does not reinforce them by 
its sanctions. If neither the atmosphere of the family circle, 
nor of the school, is free from impurity, to what other source 
can the young resort for those principles of morality which 
shall render their intellectual improvement subservient to use- 
ful purposes, and without which it might become an instrument 
to be wielded for the annoyance of their fellows, and for their 
own destruction? Though moral principles may have their ori- 
gin in the heart, it is not to be expected that their proper devel- 
opment can be effected amid the perpetual counteraction of 
hostile influences. Moral cultivation should, therefore, be one 



OF THE STATE OF NEW-YORK. 65 

of the first objects of common school instruction. The great 
doctrines of ethics, so far as they concern the practical rules 
of human conduct, receive the intuitive assent of all; and with 
them may be combined instruction in those principles of natu- 
ral religion, which are drawn from the observation of the works 
of nature, which address themselves with the same certainty to 
the conviction, and which carry to the minds of all observers 
irresistible evidence of the wisdom, the beneficence, and the 
power of their divine author. Beyond this, it is questionable 
whether instruction in matters of religious obligation can be 
carried, excepting so far as the school districts may make the 
Bible and New Testament class books; and there can be no 
ground to apprehend that the schools will be used for the pur- 
pose of favoring any particular sect or tenet, if these sacred 
writings, which are their own safest interpreters, are read with- 
out any other comment than such as may be necessary to 
explain and enforce, by familiar illustration, the lessons of duty 
which they teach. In connexion with this subject, it is highly 
gratifying to consider that the religious institutions of the coun- 
try, reaching, as they do, the most sequestered neighborhoods, 
and the sabbath schools, which are almost as widely diffused, 
afford ample means of instruction in the principles and practice 
of the Christian faith. In countries where ecclesiastical affairs 
are the subject of political regulation, there is no difficulty in 
making religious instruction the foundation of education, by 
arrangements independent of the action of those whom it imme- 
diately concerns. But the policy of our law is, to leave the 
subject, where it may be most properly left, with the officers 
and inhabitants of the school districts." 

In passing from the administration of Gen. Dix to that of his 
successor, it is scarcely necessary to observe, that the exer- 
tions of the former, during the six years in which the interests 
of the common schools were committed to his charge, to ele- 
vate and expand the system of popular education, were unsur- 
passed by any of his predecessors. The impress of his clear, 
discriminating and cultivated mind, was stamped upon every 
feature of that system; and the order, arrangement and har- 
mony which pervaded all its parts, were due not less to the 
ceaseless vigilance of its supervision, than to the symmetry and 
beauty of the system itself. In 1837, Gen. Dix, under the 
authority of the legislature, collected together and published a 
volume of the decisions of his predecessor and himself, embra- 
cing an exposition of nearly every provision of the school act, 
and establishing, upon a permanent basis, the principles ot 
future interpretation and decision, in reference to those provi- 
sions. The system of district school libraries was also orga- 
nized and put into successful operation under his immediate 
auspices; and to his clear and convincing exposition of the 

5 



66 COMMON SCHOOL SYSTEM 

principles upon which this great institution was based, the ends 
it was designed to subserve, and the objects it was capable of 
accomplishing, a large share of the success wliich has attended 
its establishment, thus far, is unquestionably due. 

On the 4th of February, 1839, the Hon. John C. Spencer 
was appointed secretary of state and Superintendent of Com- 
mon Schools. Deeply impressed with the necessity of a more 
thorough and efficient supervision and inspection of the several 
schools, his first measure was to procure the passage of a law 
authorizing the appointment of a County Board of Visitors, 
whose duty it should be gratuitously to visit the common schools 
of their county, and to report to him the results of such exami- 
nation, together with such suggestions for the improvement of 
these institutions as they might deem expedient. These visitors 
were selected from among the most intelligent citizens of the 
several counties, without distinction of party; and under spe- 
cific instructions from the department, most of the common 
schools of the state were visited by them, and a mass of valu- 
able information respecting their cohdition and prospects, 
accompanied by suggestions for their improvement, obtained 
and communicated to the legislature. With great unanimity 
the plan of a county supervision, through the medium of an 
officer to be appointed either by the Superintendent or by some 
local board, was urged upon the department and the legislature; 
and under the strong recommendation of the Superintendent, 
backed by the exertions of several of the most eminent friends 
of popular education, among whom may be enumerated the 
Hon. Jabez D. Hammond, who as early as 1835 had given 
to the public the details of a plan essentially similar; the Rev. 
Dr. Whitehouse, of Rochester; Francis Dwight, Esq., 
editor of the District School Journal, then of Geneva; Professor 
Potter, of Union College; and James Wadsworth, Esq. 
of Geneseo, this project became, in 1841, by the nearly unani- 
mous action of the legislature, incorporated with our system of 
common schools, and may in truth be regarded as its crowning 
glory. 

In his message at the opening of the session of 1840, Gov. 
Seward thus adverts to the subject of elementary education : 

" Although our system of public education is well endowed, 
and has been eminently successful, there is yet occasion for the 
benevolent and enlightened action of the legislature. The 
advantages of education ought to be secured to many, espe- 
cially in our large cities, whom orphanage, the depravity of 
parents, or some form of accident or misfortune, seems to have 
doomed to hopeless poverty and ignorance. Their intellects 
are as susceptible of expansion, of improvement, of refine- 
ment, of elevation and of direction, as those minds which, through 
the favor of Providence, are permitted to develop themselves 



OF THE STATE OF NEW-YORK. 67 

under the influence of better fortunes ; they inherit the common 
lot to struggle against temptations, necessities and vices; they 
are to assume the same domestic, social and political relations; 
and they are born to the same ultimate destiny. 

" The children of foreigners, found in great numbers in our 
populous cities and towns, and in the vicinity oi our public 
works, are too often deprived of the advantages of our system 
of public education in consequence of prejudices arising from 
difference of language or religion. It ought never to be for- 
gotten, that the public welfare is as deeply concerned in their 
education as in that of our own children. I do not hesitate, 
therefore to recommend the establishment of schools in which 
they may be instructed by teachers speaking the same language 
with themselves, and professing the same faith. There would be 
no inequality in such a measure, since it happens from the force 
of circumstances, if not from choice, that the responsibilities 
of education are, in most instances, confided by us to native 
citizens, and occasions Seldom offer for a trial of our magnani- 
mity, by committing that trust to persons differing from our- 
selves in language or religion. Since we have opened our 
country and all its fulness, to the oppressed of every nation, 
we shall evince wisdom equal to such generosity by qualifying 
their children for the high responsibilities of citizenship." 

From the annual report of the Superintendent it appeared 
that the whole number of organized school districts in the state 
was 10,706; the number of children between five and sixteen^ 
residing in the several districts from which reports had been 
received, 564,790; and the number of children taught during 
the year reported, 557,229; showing an increase of 28,316 over 
the preceding year. 

On the 13th of April, 1840, the Superintendent tr?nsmitted to 
the legislature the reports of the several Visitors of Common 
Schools appointed by him under the act of the preceding ses- 
sion, accompanied by a condensed abstract of their views and 
suggestions, together with a full exposition of his own, in refe- 
rence to the various proposed improvements and modifications 
of the system. In relation to the inspection of the schools the 
Superintendent observes: "It has already been shown to the 
legislature, from the official returns, that at least one-half of all 
the schools in the state are not visited at all by the inspectors. 
The reports of the Visitors show that the examinations of the 
inspectors are slight and superficial, and that no benefit is 
derived from them. Many of the boards unhesitatingly recom- 
mend the abolition of the office." " The Superintendent is con 
strained to express his concurrence in the opinion expressed by 
several of the boards of visitors, that the office of town inspector 
of schools is unnecessary, and rather an incumbrance on the 
administration of the system." He recommends the appoint- 



6S COMMON SCHOOL SYSTEM 

ment of Deputy Superintendents of common schools for each 
county, and expatiates upon the signal advantages to be secured 
to the interests of the common schools by the adoption of a sys- 
tem of visitation, at once so comprehensive and efficient. He 
dissents from the views of the visitors in reference to the expe- 
diency of establishing normal schools in each county, for the 
instruction and preparation of teachers; being of opinion that 
the existing system of academical departments for this purpose 
was preferable; and he accordingly concurs in the recommenda- 
tion of his predecessor, to increase the number of those depart- 
ments. He strongly urges the establishment, under the patron- 
age of the state, of a journal to be exclusively devoted to the 
promotion of education; the attainment, if practicable, through 
the organization of some general society, of an uniformity of 
text books for the use of schools; some adequate provision for 
the vaccination of children attending the common schools; the 
introduction of vocal music as a branch of elementary instruc- 
tion; the extension of the official term of service of the trus- 
tees of the several districts, and of commissioners of common 
schools, and the election of one only annually; the voluntary 
organization of county boards of education, and of town, county 
and state associations for the improvement of common school 
education; the establishment in cities and populous places of 
schools of different grades under the charge of a local superin- 
tendent; and the denial of costs to plaintiffs in suits commenced 
against school officers in cases where the court shall certify that 
the act complained of was performed in good faith, and in the 
discharge of official duty. 

On the subject of the proper preparation of teachers for the 
common schools, the Superintendent holds the following lan- 
guage : 

" The common school system of this State is comparatively 
of recent origin. The first law authorizing the establishment 
of common schools was passed about twenty-six years ago. In 
the management of the economical and pecuniary affairs of the 
districts, there is nothing to be desired. Greater regularity in 
the administration of this part of the system cannot well be 
fancied. Biit its defects become apparent the moment we enter 
the schools. All these defects centre in a common deficiency — 
the deficiency under which the Prussian schools languished so 
long — the want of efficient and well qualified teachers. One 
of the principal improvements which have occupied the atten- 
tion of the legislature and the friends of education during the 
last six years, has been to supply this defect; but in the pursuit 
of this common object some diversity of opinion has prevailed 
with regard to the measures best calculated to accomplish it. 
Some distinguished advocates of the cause of popular education 
(and among them are found several of the chief magistrates ol 



OF THE STATE OF NEW-YORK. 69 

the state) have recommended the establishment of teachers* 
seminaries on the Prussian plan. The prevailing opinion, how- 
ever, has been in favor of departments for the education of 
teachers, engrafted upon the incorporated academies of the 
state, with such endowments as to render them adequate to the 
object in view." 

'* Although the proper objects of popular instruction are bet- 
ter understood than they have been at any previous time, the 
importance of the reform now in progress is not, perhaps, so 
generally appreciated as it deserves to be. It is but a few years 
since common school instruction was ordinarily limited to a 
knowledge of reading, writing and arithmetic. The acquisi- 
tions which are now regarded as the means of education, were 
then sought as its objects and end. No plan of education can 
now be considered complete, which does not embrace a full 
development of the intellectual faculties, a systematic and care- 
ful discipline of the moral feelings, and a preparation of the 
pupil for the social and political relations which he is destined 
to sustain in manhood. It must be conceded that the standard 
of common school education in this state falls far short of the 
attainment of these objects. But the aim of its friends is to 
introduce into the established system such improvements as shall 
ultimately secure their accomplishment. Is this a visionary 
hope .'' Those who are most familiar with the practical work- 
ings of the system, believe that it is not. The whole reform 
will be accomplished by furnishing each school district with a 
competent teacher. The application of the remedy is certainly 
surrounded with difficulties. It must be accomplished by the 
gradual progress and influence of opinion. The Prussian sys- 
tem not only prepares the teachers, but compels the school 
districts to employ them. Our whole system proceeds upon 
the principle of accomplishing by persuasion what the Prussian 
effects by force." 

" There is reason to hope and believe that opinion will gradu- 
ally accomplish what it seems difficult, if not impossible, to 
secure by compulsory measures. No people are more quick 
sighted as to their true interests than the inhabitants of this state. 
They cannot fail to see that the education of their children will 
be best secured by employing competent teachers, and that the 
avenues to wealth and distinction, though open to all, are beset 
with difficulties for those who enter them without the mental 
preparation which is necessary to enable them to contend suc- 
cessfully against more favored competitors. These convictions 
may, and doubtless will be, the fruit of time; for they are to 
take the place of long established opinions, which are not often 
hastily eradicated. The reform of the Prussian system, as has 
already been observed, was gradual. The teachers' semina- 
ries were, for many years, few in number ,tend were altogether 



70 COMMON SCHOOL SYSTEM 

inadequate to supply the schools. Our departments for the edu- 
cation of teachers have been in operation but little more than 
three years; and there is certainly much ground for encourage- 
ment in the fact that the demands of the school districts upon 
these departments, for teachers, have been greater than they 
have been able to supply." 

In reference to the plan of county sup' rvision through the 
medium of local superintendents, he observes : " A regular super- 
vision is indispensable to the success of every public or pri- 
vate undertaking. There is not a department of the government 
which is not subject to some direct and immediate control, and 
no individual appoints an agent for the management of any 
business w^ithout reserving and exercising a superintendence 
over him. Conscious of the absolute necessity of ;uch a pro- 
vision, in the common school system, the framers of the law 
endeavored to secure it by the election of town inspectors. 
But the object has not been obtained. The official reports 
show to what extent even the duty of simple visitation has been 
neglected. And when the nature of these visitations is con- 
sidered, it will be obvious that if they were as frequent as 
might be desired, they could not accomplish the great purpose 
in view. To be of any avail, the inspection of schools must be 
conducted by those who are competent to judge of the qualifi- 
cations of the teacher, and of the progress of the pupils, by 
examinations in the different studies pursued, and to suggest 
such improvements and modifications as will enable the student 
to derive the greatest amount of benefit from the schools. And 
time must be devoted not only to the schools and their masters, 
but to the trustees and inhabitants." "All writers on public 
education concur in the unanimous and decided opinion, that 
effectual inspection and supervision are more essential to the 
proper management of schools, and more indispensable to their 
improvement than any other agency or all other agencies com- 
bined; and the Superintendent does not hesitate to express his 
conviction that until they are provided, all efforts to improve 
the condition of the schools, to extend the range and elevate 
the character of the instruction in them, will be utterly hope- 
less. M. Cousin, the celebrated author on popular education, 
attributes the success of the schools in Holland almost entirely 
to the constant and unremitting inspection to which they are 
continually subjected, and demonstrates that wherever schools 
have failed, in other countries, to meet the public expectation 
in the degree and amount of instruction, it has been owing to 
the want of such supervision." 

On the 15th of April, John A. King, Esq., from the com- 
mittee on colleges, a,cademies and common schools, of the 
assembly, submitted an elaborate report, accompanied by a bill 
embracing substantitlly the improvements and modifications of 



OF THE STATE OF NEW- YORK. 71 

the system recommended by the Superintendent. This bill 
passed the assembly on the 12th of May subsequently, by a vote 
of fifty- eight to forty-seven ; but no definitive action was had 
upon it in the senate, for want of time. 

The following are extracts from the message of Gov. Seward, 
at the opening of the session of 1841 : 

" The number of children attending the common schools is 
about 570,000; and the whole number of children between five 
and sixteen years of age, as nearly as can be ascertained, is 
about 600,000. There are about eleven thousand common 
school districts in the state, in all of which schools are main- 
tained during an average period of eight months in the year. 
Of these school districts there are very few which have not com- 
plied with the act providing for the establishment of school di> 
trict libraries. * * * Although an injudicious choice of 
books is sometimes made, these libraries generally include his- 
tory and biography, voyages and travels, works on natural his- 
tory and the physical sciences, treatises upon agriculture, com- 
merce, manufactures and the arts, and judicious selections from 
modern literature. Henceforth no citizen, who shall have 
improved the advantages offered by our common schools and | 
the district libraries, will be without some scientific knowledge f 
of the earth, its physical condition and its phenomena, the ani- 
mals that inhabit it, the vegetables that clothe it with verdure, 
and the minerals under its surface; the physiology and the intel- 
lectual powers of man; the laws of mechanics and their prac- * 
tical uses; those of chemistry and their application to the arts, { 
the principles of moral and political economy; the history of 
nations, and especially that of our own country; the progress « 
and triumph of the democratic principle in the governments on 
this continent, and the prospects of its ascendancy throughout 
the world; the trials and feith, valor and constancy of our 
ancestors; with all the inspiring examples of benevolence, 
virtue and patriotism, exhibited in the lives of the benefactors 
of mankind. The fruits of this enlightened and beneficent 
enterprise are chiefly to be gathered Jby our successors. But 
the present generation will not be altogether unrewarded. 
Although many of our citizens may pass the district library, 
heedless of the treasures it contains, the unpretending volumes 
will find their way to the fireside, diffusing knowledge, increas- 
ing domestic happiness, and promoting public virtue." 

" When the census of 1850 shall be taken, I trust it will show, 
that within the borders of the state of New- York, there is no 
child of sufficient years who is unable to read and write. I am 
sure it will then be acknowledged, that when ten years before, 
there were thirty thousand children growing up in ignorance 
and vice, a suggestion to seek them, wherever found, and win 
them to the ways of knowledge, and virtue by persuasion, sym- 



72 COMMON SCHOOL SYSTEM 

pathy and kindness, was pronnpted by a sincere desire for the 
common good. I have no pride of opinion concerning the man- 
ner in which the education of those whom I have brought to 
your notice shall be secured; although I might derive satis- 
faction from the reflection, that amid abundant misrepresentq.- 
tions of the method suggested, no one has contended that it 
would be ineffectual, nor has any other plan been proposed. I 
observe, on the contrary, with deep regret, that the evil remains 
as before ; and the question recurs not merely how, or by whom 
shall instruction be given, but whether it shall be given at all, 
or be altogether withheld. Others may be content with a sys- 
tem that erects free schools, and offers gratuitous instruction; 
but I trust I shall be allowed to entertain the opinion, that no 
system is perfect that does not accomplish what it proposes; 
that our system is therefore deficient in comprehensiveness, 
in the exact proportion of the children that it leaves uneducated ; 
that knowledge, however acquired, is better than ignorance; 
and that neither error, accident, nor prejudice, ought to be per- 
mitted to deprive the state of the education of her citizens. Che- 
rishing such opinions, I could not enjoy the consciousness of 
having discharged my duty, if any effort had been omitted 
which was calculated to bring within the schools all who are 
destined to exercise the rights of citizenship; nor shall I feel 
that the system is perfect, or liberty safe, until that object be 
accomplished. Not personally concerned about such misap- 
prehensions as have arisen, but desirous to remove every obsta- 
cle to the accomplishment of so important an object, I very 
freely declare, that I seek the education of those whom I have 
brought before you, not to perpetuate any prejudices or distinc- 
tions which deprive them of instruction, but in disregard of all 
such distinctions and prejudices. I solicit their education less 
from sympathy than because the welfare of the state demands 
it, and cannot dispense with it. As native citizens they are 
born to the right of suffrage. I ask that they may at least be 
taught to read and write; and in asking this, I require no more 
for them than I have (Jiligently endeavored to secure to (he 
inmates of our penitentiaries, who have forfeited that inestiYna- 
ble franchise by crime; and also to an unfortunate race, which 
having been plunged by us into degradation and ignorance, has 
been excluded from the franchise by an arbitrary property qua- 
lification incongruous with all our institutions. I have not 
recommended, nor do I seek, the education of any class in 
foreign languages, or in particular creeds or faiths; but fully 
believing, with the author of the Declaration of Independence, 
that even error may be safely tolerated where reason is left free 
to combat it, and therefore indulging no apprehensions from 
the influence of any language or creed among an enlightened 
people, I desire the education of the entire rising generation in 



OF THE STATE OF NEW-YORK. 73 

all the elements of knowledge we possess, and in that tongue 
which is the universal language of our countrymen. To me, the 
most interesting of all our republican institutions is the common 
school. I seek not to disturb, in any manner, its peaceful and 
assiduous exercises, and least of all with contentions about faith 
or forms. I desire the education of all the children in the com- 
monwealth in morality and virtue, leaving matters of conscience 
where, according to the principles of civil an(f religious liberty 
established by our constitution and laws, they rightfully belong." 
In his annual report for the present year, the Superintendent 
strongly urges the continuance of the departments for the in- 
struction of teachers connected with the academies, and the 
increase of the number of the institutions required to maintain 
such departments. " Normal schools," he observes, " which 
are so strongly urged by some, must, after all, be essentially 
like these departments and the academies in which they are 
established. There must be a board of managers or trustees, 
teachers, a building, books and apparatus. These are already 
furnished by the existing academies ; and there can be no 
intrinsic defect in them which should prevent their being made 
as useful as any normal schools. The change of name will not 
change the real nature of the institution. The sum of money 
which would be requisite to purchase ground, erect buildings 
for one normal school, and fit them for the purpose, would ena- 
ble at least ten academies to maintain similar schools in build- 
ings already prepared, and under managers already organized. 
The Superintendent does not mean to underrate those schools, 
nor to depreciate the benevolent motives of those who recom- 
mend them. He acknowledges, and indeed earnestly urges, 
the inestimable value and absolute necessity of institutions in 
which our youth may be prepared for the business of teaching. 
But he would use the means we already have at hand for 
the purpose, without incurring what seems to him the need- 
less expense of providing others of a similar character. He 
would respectfully recommend the extension of the public 
patronage to all the academies in the state, to enable them to 
establish teachers' departments, and in those counties where 
there are no academies, the establishment of normal schools. 
For the latter purpose there mi^ht be a provision authorizing 
the boards of supervisors in sucn counties to raise the neces- 
sary sums to procure suitable grounds and erect proper build- 
ings ; and upon their being completed, appropriating from the 
funds of the state a sufficient sum to employ competent teach- 
ers." He, however, remarks in conclusion, " One model school, 
or more, might be advantageously established in some central 
part of the state, to which teachers, and those intending to 
become such, might repair to acouire the best methods of con- 
ducting our common schools." 



74 COMMON SCHOOL SYSTEM 

Professor Potter, of Union College, who, at the request of 
the department, had visited and personally inspected during' the 
year 1840, several of the teachers' departments connected with 
the academies, submitted a very able report of the result of his 
examination, closing" with the following suggestion : " I would 
suggest whether some means might not be adopted for training 
a class of teachers with more especial reference to country 
common schools, and to primary schools in villages and cities — 
teachers whose attainments should not extend much beyond the 
common English branches, but whose minds should be awak- 
ened by proper influences — who should be made familiar by 
practice with the best modes of teaching, and who should come 
under strong obligations to teach for at least two or three years. 
In Prussia and France normal schools are supported at the pub- 
lic expense; most of the pupils receive both board and tuition 
gratuitously ; but at the close of the course they give bonds to 
refund the whole amount received, unless they teach, under the 
direction of the government, for a certain number of years. 
That such schools, devoted exclusively to the preparation of 
teachers, have some advantages over any other method, is suffi- 
ciently apparent from the experience of other nations; and it 
has occurred to me that as supplementary to our present system, 
the establishment of one in this state might be eminently use- 
ful. If placed under proper auspices, and located near the 
capital, where it could enjoy the supervision of the Superin- 
tendent of Common Schools, and be visited by the members of 
the legislature, it might contribute in many ways to raise the 
tone of instruction throughout the state." 

The Superintendent renewed his recommendation of such a 
modification of the common school system, as was suggested in 
his report of the preceding year. He contrasts the present situ- 
ation of the schools with their condition in I8I5, the number of 
organized and reporting districts having increased from 2,631 
to 10,397; the number of children instructed from 140,706 to 
572,995; and the amount paid from the treasury towards defray- 
ing the compensation of teachers from $45,398 to $220,- 
000; and after referring to the fact that $275,000 were annu- 
ally contributed in taxes and nearly $500,000 on rate-bills, for 
the support of the schools, observes, " A people who have thus 
freely expended their money and appropriated their private 
means for the education of their children, to an amount nearly 
double the expense of administering the government, cannot 
with any truth or justice, be said to be indifferent to the subject. 
And when we find thirty thousand trustees of school districts 
gratuitously rendering their services, and making their returns 
with order, regularity and promptitude, we ought not to deny 
their appreciation of the value of the labor in which they 
engage, nor their merit in performing it. It is no slight proof 



OF THE STATE OF NEW- YORK. 75 

of the value of a system which is thus administered without 
compulsion. Its fruits are seen in the education of one-fourth 
of an entire population, and of nearly every child of a proper 
age for the primary schools; in the advance of the wages paid 
to teachers, a clear indication that a higher degree of talent is 
employed and appreciated ; and in the interest almost univer- 
sally excited among our fellow-citizens of every class, in the 
success of the effort. Still, like every other human institution, 
it is susceptible of constant improvement. This is not to be 
accomplished by sudden changes which derange the machinery, 
and which, when effected, will probably be found to require 
alteration; and least of all by those schemes which are so com- 
prehensive as to be incapable of practical execution. Amend- 
ments, when experience has indicated their necessity, may be 
gradually incorporated in the system, without obstructing it. 
And the introduction of new elements to aid, invigorate and 
sustain what we have, and in keeping with it, will be more like- 
ly to accomplish their purpose than if they were antagonistic to 
what is already established." 

On the 26th of May, 1841, the legislature, by a nearly unani- 
mous vote, passed the act drawn up by Mr. Spencer, and 
reported by the literature committees of the two houses, pro- 
viding for the appointment by the board of supervisors of each 
county, biennially, of a County Superintendent of common 
schools, charged with the general supervision of the interests 
of the several schools under his jurisdiction. The various pow- 
ers, functions and duties of this ofl&cer, will hereafter be more 
particularly adverted to. The number of town inspectors of 
schools was reduced to two ; the qualifications of voters at 
school district meetings, specifically defined; provision made 
for the establishment of schools for the instruction of colored 
children; a subscription for so many copies of a monthly peri- 
odical exclusively devoted to the cause of education, as should 
supply each school district in the state, authorized; and various 
minor amendments in the details of the system, made. 

Under this act. County Superintendents were appointed in the 
various counties of the state ; and under full and ample instruc- 
tions from the Superintendent, entered in the succeeding winter 
upon the discharge of their official duties. 

By an ordinance of the Regents of the University, of the 
4th of May, 1841, the sum of ^300 was directed to be annually 
apportioned to two academies in each of the Senate districts, 
for the maintenance of departments for the education of teach- 
ers of common schools ; in addition to which seven other aca- 
demies were provided with similar departments, under the act 
of 1838, requiring their establishment in every institution re- 
ceiving a share of the literature fund equal to ^700 per annum. 
In October of this year, Mr. Spencer was transferred to a 



76 COMMON SCHOOL SYSTEM 

seat in the Cabinet, as Secretary of War; and by a provision 
m the act of 1841, above referred to, the duties of Superintend- 
ent of Common Schools devolved upon his general deputy, until 
the vacancy was filled by the leg-islature in the month of Febru- 
ary ensuing. 

Of the energy, ability and transcendent success with which 
the brief administration of Mr. Spencer was conducted, it 
would be superfluous here to speak. The value and importance 
of the reform efiected under his auspices, and chiefly through 
his indefatigable exertions, in the system of common schools, 
by the adoption of the plan of local supervision through the 
agency of County Superintendents, will be best appreciated by 
the fact that every successive legislature since convened, through 
every mutation of party, has, with unexampled unanimity, sanc- 
tioned and sustained the system so devised and matured : that 
the practical operation of that system has immeasurably ele- 
vated the condition of the common schools throughout the state, 
advanced the standard of popular education, enlisted the effi- 
cient co-operation of an enlightened public sentiment, and laid 
the foundations for that universal diffusion of knowledge, which 
under the guidance of sound moral and religious principles, is 
destined to sustain, and we would fain hope to perpetuate, the 
fabric of our free institutions. 

On the 5th of January, 1842, the acting Superintendent, (S. 
S. Randall) transmitted to the legislature the annual report 
required from the department, from which it appeared that the 
whole number of school districts in the state was 10,886; the 
number of children between the ages of 5 and 16, residing in 
the several districts from which reports had been received 
(exclusive of the city of New-York,) 583,347, and the number 
of children under instruction 603,583, being an increase of 
30,588 over that of the preceding year. 

On the 7th of February succeeding, the Hon. Samuel 
Young of Saratoga, was appointed Secretary of State and 
Superintendent of Common Schools; and in May following he 
met the several county superintendents in convention at Utica, 
and possessed himself of a thorough acquaintance with the 
details and practical operations of the system which he had 
been called upon to supervise. In his first annual report, (Jan. 
12, 1843) he recommended the reduction of the academical 
departments for the education of teachers of common schools 
to four, and the appropriation of a sufficient annual sum to 
establish and maintain a normal school at the seat of govern- 
ment, where it might be subjected to the immediate supervision 
as well of the department as of the representatives of the people 
during the sessions of the legislature; the abolition of the 
offices of commissioner and inspector of common schools, and 



OF THE STATE OF NEW-YORK. 77 

the substitution of a town superintendent; the extension of the 
official term of trustees of school districts to three years, one 
to be elected annually ; the vesting of appellate powers in the 
first instance in the several county superintendents; the perpe- 
tuation of the district library system, with suitable modifica- 
tions and restrictions, and various other incidental and minor 
reforms of the system : most of which, in pursuance of his sug- 
gestions, and on an able and argumentative report from Mr. 
HuLBURD of St. Lawrence, chairman of the committee on 
colleges, academies and common schools, of the assembly, were 
incorporated by the legislature in the act of April 16, 1843. At 
this period the number of school districts had attained its maxi- 
mum, 10,893; the number of children between 5 and 16, resid- 
ing in the several reporting districts, was 601,765, and the whole 
number under instruction 598,749. The Superintendent acknow- 
ledges a " decided predisposition" on his accession to office, 
" to exercise whatever influence he might possess " for the abo- 
lition of the system of county supervision. But after attending 
the convention of county superintendents, and possessing him- 
self of a thorough acquaintance with the previous defects and 
present advantages of that system he thus sums up the conclu- 
sions to which he had arrived : 

" Deputy Superintendents properly qualified for the discharge 
of their functions, possessing a competent knowledge of the 
moral, intellectual, and physical sciences, familiar wilh all the 
modern improvements in elementary instruction, and earnestly 
intent on elevating the condition of our common schools, can 
do much more to accomplish this desirable result, than all the 
other officers connected with the system. Acting on a broader 
theatre, they can perform more efficiently all that supervision 
which has heretofore been so deplorably neglected, or badly 
executed. The system of deputy superintendents is capable of 
securing, and can be made to secure, the following objects: 

" It can produce a complete and efficient supervision of all 
the schools of the state, in reference as well to their internal 
management, as to their external details : 

" It can be made to unite all the schools of the state into one 
great system ; making the advancement of each the ambition 
of all; furnishing each with the means of attaining the highest 
standard of practical excellence, by communicating to it every 
improvement discovered or suggested in every or any of the 
others : 

" It can do much towards dissipating the stolid indifference 
which paralyses many portions of the community, and towards 
arousing, enlightening and enlisting public sentiment, in the 
great work of elementary instruction, by systematic and peri- 
odical appeals to the inhabitants of each school district, in the 
form of lectures, addresses, &c. 



7S COMMON SCHOOL SYSTEM 

" It Cftn be made to dismiss from our schools all immoral and 
incompetent teachers, and to secure the services of such only 
as are qualified and efficient, thereby elevating the grade of the 
school master, and infusing new vitality into the school. 

" An attentive examination of the interesting reports of the 
deputy superintendents will clearly show that the accomplish- 
ment of several of the most important of these objects is 
already in a state of encouraging progression. 

" In these times of commercial paralysis, monetary pressure 
and impending taxation, superinduced by causes which were 
clearly foreseen, and might easily have been obviated, it is very 
far from the intention of the Superintendent to advocate any 
system which s!iall add weight to the existing burdens of the 
community. Instead of this, it will be manifest that the system 
of deputy superintendents can be made to supersede official 
duty heretofore badly performed, and taxation heretofore 
imposed with little resulting utility, to an amount greatly 
exceeding the expenses of this system." 

There were in the state, as appears by the last annual report 
of the Superintendent, (Jan. 13, 1844) 10,875 organized school 
districts, 670,995 children between the ages of five and sixteen, 
exclusive of those residing in the city of New York; and 657,- 
782 children taught during the year. " We may reasonably," 
observes the Superintendent, " congratulate ourselves upon the 
accession of a new order of things, in relation to the practical 
workings of our system. Through the medium of an efficient 
county and town supervision, we have succeeded not only in 
preparing the way for a corps of teachers thoroughly compe- 
tent to communicate physical, intellectual and moral instruc- 
tion — themselves enlightened and capable of enlightening their 
pupils — ^but also in demolishing the numerous barriers which 
have hitherto prevented all intercommunication between the 
several districts. An extended feeling of interest in the con- 
dition and progress of the school has been awakened; and in 
addition to the periodical inspection of the county and town 
superintendents, the trustees and inhabitants are now, in many 
portions of the state, beginning to visit the schools of their dis- 
tricts: striving to ascertain their advancement; to encourage 
the exertions of teachers and pupils, and to remove every 
obstacle resulting from their previous indifference. Incompe- 
tent teachers are beginning to find the avenues to the common 
school closed against them; and the demand on the part of the 
districts for a higher grade of instructors, is creating a supply 
of enlightened educators, adequate to the task of advancing the 
youthful mind in its incipient efforts to acquire knowledge. 
The impetus thus communicated to the schools of one town and 
county, is speedily diffused to those of others. Through fre- 
quent and periodical meetings of town and county associations 



OF THE STATE OF NEW-YORK. 79 

of teachers and friends of education, the improvements adopted 
m any one district are made known to all; and the experience, 
observations and suggestions of each county Superintendent, 
annually communicated through their reports, to all. By these 
means the stream of popular education, purified at its source 
and relieved from many of its former obstructions, is dispens- 
ing its invigorating waters over a very considerable portion of 
the state. 

" The reports of the several county Superintendents exhibit 
unequivocal evidence of efficient exertions on their part, in the 
peribrmance of the responsible duties assigned them by law 
and by the instructions of this department. To their efforts is 
to be attributed, to a very great extent, the revolution in public 
sentiment, by which the district school from being the object 
of general aversion and reproach, begins to attract the attention 
and regard of all. To their enlightened labors for the elevation 
and advancement of these elementary institutions, we owe it in 
a great measure, that new and improved modes of teaching, of 
government and of discipline have succeeded in a very large 
proportion of the districts, to those which have hitherto pre- 
vailed; that a higher grade of qualifications for teachers has 
been almost universally required ; that parents have been induced 
to visit and take an interest in the schools; that private and 
select schools have been to a considerable extent discounte- 
nanced, and the entire energies of the inhabitants of districts 
concentrated on the district school; and that the importance, 
the capabilities and extended means of usefulness of these nur- 
series of knowledge and virtue, are beginning to be adequately 
appreciated in nearly every section of the state. Collectively 
considered, these officers have well vindicated the confidence 
reposed in them by the legislature and the people, and justified 
the anticipations of the friends of education." 

Having brought these sketches to a close a general summary 
of the leading features of the system, as at present organized, 
may not prove an inappropriate introduction to a more precise 
and specific delineation of each separate branch : 

The affairs of each district are managed under the general 
direction of the inhabitants entitled to vote therein, by three 
trustees, one of whom is annually elected, who hold their offices 
for three years, a district clerk, collector, and librarian. These 
trustees are reijuired annually, between the 1st and loth of 
January, to report to the Town Superintendent, the length of 
time a school has been taught in their district during the pre- 
ceding year, by qualified teachers, the amount of public money 
received and expended, the number of children taught, the 
number between 5 and 16, residing in the district, together with 
such other information as may from time to time be required of 
them by the Superintendent of Common Schools; they have 



80 COMMON SCHOOL SYSTEM 

power also an;l are required to call annual and special meetings 
of the inhabitants, to make out tax lists of all taxes voted for 
district purposes, and annex their warrant for the collection of 
the same; to purchase or lease sites for the school house, when 
designated by the inhabitants, and to build, hire or purchase, 
keep in repair and furnish such school house with necessary 
fuel and appendages, out of the funds collected and paid to them 
for that purpose; they have the custody and safe keeping of the 
district school house; contract with and employ teachers, and 
make out the necessary rate bill for so much of their wages as 
is not paid from the public funds applicable to that purpose; 
exempting indigent persons either wholly or in part, and levy- 
ing such exemption upon the taxable property of the district. 
The Town Superintendent is annually elected by the people at 
town meetings, and has the general supervision of tJie interests 
of common schools in his town; visits and inspects each school 
within his jurisdiction as often at least as once in each quarter; 
t advises and directs as to the government, discipline, and course 
A|. of instruction therein; examines and licenses teachers annually; 
-S/ receives and apportions the school money belonging to his town, 
among the several districts, according to the number of chil- 
dren between the ages of 5 and 16 residing in each, at the date 
of its annual report; forms, regulates and alters school districts, 
v in conjunction (when required by the trustees of any district 
interested) with the supervisor and town clerk; prosecutes for 
and collects all fines and penalties imposed by the school act 
upon the officers of districts; and annually reports to the County 
Superintendent the number of districts in his town, the amount 
of public money received and expended, from what sources 
received and how expended, together with a condensed abstract 
of all the reports of the trustees of districts made to him, and 
a variety of other information relative to the condition of the 
several schools under his charge. The County Superintendent 
* is appointed once in two years by the board of supervisors, and 
is removable by them, and by the State Superintendent, for 
neglect of duty or mal-conduct. He is charged with the 
general supervision of the schools of the county; hears and 
determines all appeals arising within his jurisdiction, subject to 
the review of the state Superintendent; examines and grants 
permanent certificates of qualification to teachers, which are 
available throughout the county; may, with the concurrence of 
any town superintendent, annul any certificate granted by the 
latter; annually visits and inspects the several schools of the 
county as often as practicable; inquires into all matters relating 
to their government, course of instruction, the condition of the 
school houses and of the districts generally; advises and coun 
sels with the trustees and other oificers in relation to their 
duties, and with the several teachers in relation to their modes 



OF THE STATE OF NEW-YORK. 81 

of teacliing;, ji^overnmenl and discipline, course of studies, tex* 
Dooks, &c. and generally, subject to such rules and reg^ulations 
as the stale Superintendent may from time to time prescribe, 
is directed " by all the means in his power to promote sound 
education, elevate the character and qualifications of teachers, 
improve the means of instruction, and advance the interest of 
the schools committed to his charge." He is required annu- 
ally to report to the State Superintendent, the result of his 
examinations and inspections, tog-ether with a great variety of 
useful statistical information relating to the condition of the 
several schools under his charge ; an abstract of all the reports 
of the Town Superintendents; and such other suggestions for 
the advancement and improvement of the interests of education 
generally, as he may deem advisable. These officers call 
periodical meetings of the Town Superintendents, teachers of 
common schools, officers and inhabitants of districts for the 
purpose of mutual consultation and advancement; organize 
teachers' institutes preparatory to the summer and winter terms 
with the view of instructing the several teachers and preparing 
them for the efficient discharge of the duties devolving upon them ; 
and deliver familiar lectures in each district, at each visitation. 
The ability, fidelity and success with which their duties have 
thus far been discharged, have exerted a highly beneficial influ 
ence on the interests of education. 

At the head of the whole system — controlling, regulating, 
and giving life and efficiency to all its parts, is the State Super- 
intendent. He apportions the public money among the several 
counties and towns; distributes the laws, instructions, deci- 
sions, forms, &c., through the agency of the County and Town 
Superintendents, to the several districts — is the ultimate tribu- 
nal for the decision of all controversies arising under any of 
the laws relating to common schools — keeps up a constant cor 
respondence with the several officers connected with the admin 
istratitin of the system in all its parts, as well as with the 
inhabitants of the several districts; exercises a liberal discre- 
tionary power, on equitable principles, in all cases of inadvert- 
ent, unintentional or accidental omissions to comply with the 
strict requisitions of the law; reports annually to the legislature 
the condition, prospects, resources and capabilities of the com- 
mon schools, the management of the school fund, and such 
suggestions for the improvement of the system as may occur to 
him: and vigilantly watches over, encourages, sustains and 
expands to its utmost practicable limit the vast system of com- 
mon school education throughout the state. 

The sum of ^275,000 is annually apportioned by the state, 
from the school fund, and paid over to the several counties in 
proportion to the population of each : an equal amount is re 
quired by law to be raised on the taxable property of the several 

6 



82 COMMON SCHOOL SYSTEM 

counties and towns : one-fifth of the aggregate is required to he 
expended either in the purchase of suitable books for a distric* 
library, or for maps, globes and other school apparatus: and 
the residue, augmented by local funds and by an amount equal 
to that received from the state, to be raised by vote of the town, 
at the discretion of the inhabitants, in paying the wages of duly 
qualified teachers. 

During the year embraced in the last annual report of the 
Superintendent of common schools, the aggregate amount of 
public money received and expended in the several districts 
from which reports have been received, was ^-660,727.41; of 
which ^565,793.76 were applied to the payment of teachers' 
wages, and ^94,933.65 to the purchase of suitable books for 
the district libraries. The number of volumes in the latter 
amounted in the a^-gregate to 875,000. The amount paid by 
the inhabitants of the several districts on rate bills for teach- 
ers* wages, over and above the public money applied to that 
purpose, was ^509,376.97: making an aggregate amount of 
upwards of ,^1,000,000 applied during the year to the payment 
of the wages of teachers alone. 

Such is a condensed view of our present system of Common 
School. Education ; — a system elaborated and matured to its 
present state by the exertions of the highest minds among us, 
during a period of nearly forty years ; a system comprehending 
the best and dearest interests, present and prospective, of an 
enlightened and free people, full of promise for the future, and 
containing within itself the germs of the most extended, indi- 
vidual, social and national prosperity; a system identified with 
the highest hopes and interests of all classes of the community, 
and from which are destined to flow those streams of intelli- 
gence, and public and private virtue, which alone can enable us 
worthily to fulfil the noble destinies involved in our free insti- 
tutions. EsTO perpetua! 

The table upon the following page presents a connected view 
of the progress of the system from the period of the tirst statis- 
tical report, in 1815. 



OF THE STATE OF NEW-YOEK. 



83 



COMPARATIVE STATEMENT 

Of the condition of the Common Schools, from 1815^ the period of 
the first statistical report, to 1843. 



on 
in 


Cts in 
.vhich 
le. 


Xi 


.9 


CJ »3 OT 


a 

o 
43 




ividu- 

s. 


3 

o 
o 

V 

M 

o 

V 

C3 


T3 (_ Qi 

O 05 S 
^- = ^ 

03 O 


a u 

O !U 
TS J-i 


■^ o 

O 

6 


Sort 

« in 


3^ 

IS 

B 


03.^ 
C «-< 

°| 

o 

s 


0,0 


S 


Q . 


^ 


^ 


^ 


en 


< 


<! 


May 1, 1815 


2,756 


2,631 


140, 106 


176, 449 


$48, 376 


$58,720 98 




'< 1816 


3,713 


2,873 


170, 386 


198,440 


46,398 


64,834 88 




" 1917 


3,264 


3,228 


183,253 


218,969 


54,799 


73,235 42 




<' 1818 


4,614 


3,844 


210,316 


236,871 


69, 933 


93,010 54 




" 1819 


0,763 


6,118 


271,377 


302,703 


69,968 


117,161 07 




Jan. 1, 1820 


6, .332 


5,489 


304, 659 


317,633 


69, 930 


146,418 08 




" 1821 


6,659 


6,882 


332, 979 


339, 268 


79,967 


157, 196 04 




" 1922 


7,061 


6,256 


361,173 


367, 029 


80, 104 


173,420 60 




" 1823 


7,382 


6,705 


377,034 


373,208 


80,000 


182,820 25 




" 1824 


7,642 


6,876 


403,940 


383, 500 


80, 000 


182,741 61 




" 1826 


7,773 


7,117 


425, 586 


396, 886 


80,000 


182,790 09 




" 1826 


8,114 


7,660 


431,601 


411,286 


80,000 


165,720 46 




" 1827 


8,298 


7,806 


441. S56 


419,216 


80,000 


222,996 77 




" 1828 


8,609 


8,164 


463, 205 


449,113 


100, 000 


232,343 21 




" 1829 


S, 872 


8, 292 


480,041 


468, 257 


100, 000 


214,840 14 


^297,043 44 


" 1830 


9, 063 


8,631 


499, 424 


497, 503 


100, 000 


238,641 36 


346,807 20 


<' 1S31 


9,339 


8,841 


807, 106 


509,967 


100, 000 


244,998 86 


374,001 84 


" 1832 


9,600 


8,941 


494, 595 


508, 878 


100,000 


305, 682 78 


368,320 17 


" 1S33 


9,690 


9, 107 


612,476 


522,618 


100,080 


307,733 08 


369,696 36 


<• 1834 


9,866 


9,392 


631,240 


634, 002 


100,080 


316, 153 9-3 


398,137 04 


" 1835 


10, 132 


9,676 


641,401 


640, 2S5 


100,080 


312,181 20 


419,878 69 


" 1836 


10,207 


9,696 


632, 167 


538, 398 


100,000 


313,376 91 


435,660 86 


" 1837 


10, 345 


9,718 


524, 1 88 


536, e82 


100,000 


335,895 10 


436,346 46 


" 1838 


40,683 


9, 830 


528,913 


639; 747 


110,000 


335,882 92 


477, 848 27 


" 1839 


10,706 


10,127 


557, 229 


664, 790 


113,793 


.^74,411 61 


621,477 49 


" 1840 


10,769 


10,397 


672,995 


692, 564 


*275, 000 


6J3, 636 94 


476,443 27 


" 1841 


10, 896 


10,586 


603, 5S3 


683, 347 


*276, 000 


668,964 70 


483,479 54 


" 1842 


10,893 


10,645 


698,749 


601,766 


* 286, 000 


676,086 07 


468,688 22 


" 1843 


10,875 


10,656 


667, 782 


677,905 


*275,000 


660,727 41 


509.376 97 



Including revenue from United States Deposit Fund. 



CHAPTER I. 



OF THE SCHOOL FUND AND ITS APPORTIONMENT. 

In every year immediately following a year in which a 
national or state census is taken, the Superintendent of 
Common Schools is required by law to " apportion the 
school moneys to be annually distributed amongst the 
several counties of the state, and the share of each county 
amongst its respective towns and cities," according to the 
rates of their population respectively. If an increase of 
the fund to be distributed occurs during the period inter- 
vening between the respective enumerations, under the 
authority of the general and state governments, the 
Superintendent is to apportion such increase according to 
the last preceding census. When the census, or returns, 
upon which an apportionment is to be made, shall be so 
far defective, in respect to any county, city, or town, as to 
render it impracticable for the Superintendent to ascer- 
tain the share of school moneys, which ought then to be 
apportioned to such county, city, or town, he is required 
to ascertain, by the best evidence in his power, the facts 
upon which the ratio of such apportionment shall depend, 
and to make the apportionment accordingly : and when- 
ever, in consequence of the division of a town, or the 
erection of a new town, in any county, the apportionment 
then in force shall become unjust, as between two or 
more of the towns of such county, he is required to make 
a new apportionment of the school moneys next to be 
distributed amongst such towns, ascertaining by the best 
evidence in his power, the facts upon which the ratio of 
apportionment as to such towns, shall depend. He is also 
to certify each apportionment made by him, lo the comp- 
troller, and give immediate notice thereof, to the clerk of 
eadi county interested therein, and to the clerk of iht 



86 COMMON SCHOOL SYSTEM. 

city and county of New- York ; stating the amount of 
moneys apportioned to his county, and to each town and 
city therein, and the time when the same will be payable 
to the treasurer of such county, or to the chamberlain of 
the city of New- York. — Laws relating to ComTium 
Schools, § 2-8. 

The proceeds of the sales of all lands belonging to the 
state are, by the constitution, appropriated exclusively to the 
Common School Fund. The lands remaining unsold con- 
sist of 357,824 acres, principally situated in the fourth 
senate district, in the northern part of the state, and are 
valued by the surveyor-general at $178,412, constituting 
what is termed the u7?productive capital of the fund. 

The productive capital of the fund amounted on the 
30th of September last to $1,975,093.15, and consists of 
bonds for lands sold and for loans, bank stock, state 
stock, balance due on tbe loans of 1792 and 1808, and 
money in the treasury belonging to the fund ; yielding an 
annual revenue of $110,000, for distribution among the 
several school districts. An equal amount was appro- 
priated by chap. 237 of the Laws of 1838, from the annual 
revenue of the United States deposit fund, together with 
an additional amount of $55,000 for the purchase of dis- 
trict libraries, so that the aggregate sum to be apportioned 
annually among the several school districts from the state 
treasury, is $275,000.00. 

This sum is required to be paid on the first day of Feb- 
ruary in every year, on the warrant of the comptroller, to 
the treasurers of the several counties and the chamberlain 
of the city of New York, according to the last preceding 
apportionment of the Superintendent of Common Schools. 
On the receipt of the share so apportioned to each county 
by the treasurer, he is required to give notice in writing 
to the Town Superintendent of each town, and to some 
one or more of the Commissioners of common schools of 
each .city in his county, of the amount apportioned to such 
town or city, and to hold the same subject to their order. 
In case they, or any of them, do not npply for their share 
of such moneys, or of a vacancy in their office, the treasu- 
rer is to retain the same and add it to the amount next to 
be received by him for distribution. It is made the spe- 
cial duty of the county treasurer " to apply for and receive 



OF THE SCHOOL FUND. 87 

the school moneys apportioned to their respective coun- 
ties, as soon as the same become payable. — ^ 12-14. 

Treasurers of counties have no right to deduct from the 
amount of the school moneys apportioned to each town a 
commission of one per cent. They are unquestionably 
entitled to such a commission under ^ 26, 1 E. S. 370, on 
the moneys received and paid by them for ihe use of the 
common schools ; but they have no right to diminish the 
amount of the moneys placed in their hands for distri- 
bution, under an apportionment by the Superintendent, 
Their commission is a charge upon the county, and not 
upon the Common School Fund. — Com. School Dec. 279. 

Whenever the clerk of any county receives from the 
Superintendent of common schools notice of the appor- 
tionment of moneys to be distributed in the county, he is 
required to file the same in his office, and transmit a cer- 
tified copy to the county treasurer, and to the clerk of the 
board of supervisors of the county ; and the clerk of the 
board of supervisors is to lay such copy before the super- 
visors at their next meeting. 

By § 17 of the school act (No. 19,) it is made " the 
duty of the supervisors, at such meeting, and at every 
annual meeting thereafter, to add to the sums of money 
to be raised on each of the towns of the county, for de- 
fraying the necessary expenses thereof, a sum equal to 
the school moneys which shall have been apportioned to 
such town ; which moneys, so added, together with the 
fees of the collector, shall be levied and collected in the 
same manner as other moneys directed to be raised in the 
town ;" and by ^ 18, the supervisors " shall cause and 
require the collector of each toAvn, by their Avarrant to 
him, to pay the moneys so added, when collected, retain- 
ing his fees for collection, to the Town Superintendent of 
common schools in such town, for the use of common 
schools therein ; whose receipt therefor shall be sufficient 
evidence of such payment." 

If there shall not be any Town Superintendent of 
common schools in such town when the moneys are col- 
lected, the collector is to pay the same, retaining his fee.* 
for collection, to the county treasurer, to be by him appor 
tioned as above required. 



88 COMMON SCHOOL SYSTEM. 

By the 2d section of chap. 330, Laws of 1841, (Laws 
relating to Common Schools, No. 22) it is made the duty 
of the respective boards of supervisors of the several 
counties in the state, whenever they shall have omitted 
at their annual meeting, to add to tFie sums of money to 
be raised on the towns of their county, an equal sum to 
that apportioned to such towns by the Superintendent of 
Common Schools in any year, to " hold a special meeting 
for the purpose of adding the sum that may be deficient, 
whenever it can be done in time to allow such deficient 
sum to be collected with the other taxes of the county ; 
and such special meeting shall be notified by the clerk 
of the board of supervisors on receiving notice of the 
deficiency from a majority of the board of supervisors of 
said county ; and in case such deficient sum shall not be 
directed to be raised at a special meeting, it shall be the 
duty of the supervisors of such county, at their next an- 
nual meeting, to add the amount of such deficiency to the 
sums to be raised on each of the towns of the county ; 
which, with the fees of collection, shall be levied and col- 
lected i.i the same manner as other moneys directed to be 
raised in the town, and shall be apportioned among the 
school districts therein according to law." By "5> 3 of the 
same act (No. 23) it is made the duty of the clerk of the 
board of supervisors in each county in this state, on the 
last day of December in each year, to transmit to the 
Superintendent of Common Schools, certified copies of all 
resolutions and proceedmgs of the board of supervisors 
of which he is clerk, passed or had during the preceding 
year, relating to the raising of any money for school or 
library purposes, and to report particularly the amount of 
such money directed to be raised in each town of such 
county ; and in case it shall not appear that the amount 
required by law to be raised for school and library pur- 
poses has been directed to be raised during the year by 
the board of supervisors of any county, the Superintend- 
ent of Common Schools and the comptroller are authorized 
to direct that the money appropriated by the state and 
apportioned to such county, be withheld until the amount 
that may be deficient shall be raised, or that so much 
only of the money apportioned to such county be paid to 
the treasurer thereof, as shall be equal to the amoant 



OF THE SCHOOL FUND. 89 

directed to be raised therein by the supervisors of such 
county ; and in such case the balance so withheld is to 
be added to the principal of the common school fund. 

The electors of each town, at their annual town meet- 
ing, are also authorized " to direct such sum to be raised 
in such town for the support of common schools for the 
then ensuing year, as they may deem, necessary, but not 
exceeding a sum equal to the amount required by law to 
be raised therein for that purpose." — 1 R. S. 340. A 
special meeting may be called for this purpose, when 
twelve persons eligible as supervisors make application 
in writing therefor to the town clerk. — lb. 341, § 7. 

In addition to the funds thus provided by the general 
law, a large proportion of the towns are annually in the 
receipt of local funds, arising from the proceeds of the 
sales or leases of gospel and school lots belonging to such 
towns, reserved under an act passed in 1789, by the sur- 
veyor-general in the original allotment of townships ; from 
the appropriation of moneys remaining in the hands of 
the overseer of the poor of towns in those counties in 
which the distinction between town and county paupers 
has been abolished, to the support of the schools, by a 
vote of the inhabitants at their annual town meeting; 
and in some instances from testamentary bequests and 
voluntary donations, for the benefit of common schools. 
In most of the cities of the state, too, as will be seen 
hereafter, large sums are directed by special acts to be 
raised for the support of the public schools. 

The aggregate amount of public money, applicable to 
school and library purposes, annually apportioned from 
the state treasury, and raised upon the taxable property 
of the inhabitants of the different towns and counties in 
pursuance of law, exclusive of the various local funds, the 
amounts raised under special acts in cities, and the surn 
voluntarily raised by the inhabitants of towns, by vote at 

their annual town meeting, is, $550,000 

Add to this the aggregate amount of the vari- 
ous local funds, 20,000 

Sums voluntarily raised by vote of town meeting, 20,000 
Kaised in cities under special laws, 75,000 

Amaant of public money from all sources, . . S665.000 



CHAPTER II- 



TOWN SUPERINTENDENTS OF COMMON SCHOOLS. 

By the first section of chap. 133, Laws of 1843, the 
offices of Commissioners and Inspectors of common 
schools were abolished ; and by the second section it is 
provided that " there shall hereafter be annually elected 
in each of the towns of this state, at the same time and 
in the same manner that other town officers are chosen, an 
officer to be denominated " Town Superintendent of Com- 
mon Schools," who in addition to the powers and duties 
hereinafter conferred and imposed, shall perform all the 
duties, and be subject to all the restrictions and liabilities 
now by law imposed upon commissioners and inspectors 
of common schools, except as otherwise herein provided. 
It shall be his duty, within ten days after his election, to 
execute to the supervisor of his town and file with the 
town clerk, a bond with one or more sufficient sureties, to 
be approved of by said supervisor by endorsement over 
his signature on said bond, in the penalty of double the 
amount of school money which his town received from all 
sources during the year preceding that for which he shall 
have been elected, conditioned for the faithful application 
and legal disbursement of all the school money coming 
into his hands. In case such bond shall not be executed 
and filed within the time herein specified, the office of 
such Town Superintendent shall be deemed vacant, and 
such or other vacancy shall be filled in the same manner 
as vacancies in the office of commissioners of common 
schools are now by law directed to be filled. Such Town 
Superintendent shall be entitled to a compensation of one 
dollar and twenty-five cents for every day necessarily 
spent in the discharge of the duties of his office, to be 
audited and allowed as other town charges." 



92 COMMON SCHOOL SYSTEM. 



1 



By § 16' of chap. 260, laws of 1841 (No. 75) Town 
Superintendents are declared ineligible to the office of 
trustee of a school district. The spirit of this provision 
prohibits the same individual from holding these two 
offices at the same time, whatever may have been the 
order in which they were conferred. The same remark 
is applicable to the offices of town supervisor and Super- 
intendent. 

The various powers and duties appertaining to the 
office of Town Superintendent, may be arranged under 
the following heads : 

1st. The formation and alteration of districts. 

2d. The apportionment and payment of public money. 

3d. The inspection and licensing of teachers, and the 
visitation and supervision of schools. 

4th. The making and transmission of their annual 
reports. 

5th. The collection of certain penalties and forfeitures. 

6th. Miscellaneous duties under various provisions of 
law. 

I. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. 

By the third section of the act of 1843, above referred 
to, it is provided that "in the erection or alteration of a 
school district, the truste€S of any district to be affected 
thereby may apply to the supervisor and town clerk to be 
associated with the Town Superintendent ; and their ac- 
tion shall be final unless duly appealed from. The com- 
pensation of the supervisor and town clerk, when thus 
associated, shall be the same as that of the Town Super- 
intendent." The various remarks under this head will 
therefore be applicable as well lo the action of the town 
supervisor, superintendent and clerk, when associated 
together by virtue of this provision, as to that of the Town 
Superintendent alone ; although for the sake of brevity 
and simplicity the latter only is referred to. 

It is proper, however, in this connection to advert to the 
general duties of the town clerk, in his capficity as clerk 
to the Town Superintendent, independently of the provi- 
Bron above cited. By the 43d section of the school act 
(No. 43) he is required '* to nK'^ive and keep all reports 



TOWN SUPERINTENDENTS. 93 

made to the Town Superintendent from the trustees of 
school districts, and all the books and papers belonging 
to the Town Superintendent, and to file them in his office : 
to attend and prepare, under his direction, all his reports, 
estimates and apportionments of school money, and to 
record the same and his other proceedir)gs in a book to be 
kept for that purpose : to receive all such communica- 
tions as may be directed to him (the town clerk) by the 
Superintendent of Common Schools, and to dispose of the 
same in the manner directed therein ; to transmit to the 
clerk of the county all such reports as may be made for 
such clerk by the Town Superintendent ; to notify the Town 
Superintendent, upon receiving notice from the county 
clerk, that he has not made his annual report, for the pur- 
pose of preparing such report : and generally, to do and 
execute all such things as belong to his office, and may 
be required of him by the Town Superintendent." 

By the 31st section of the act of 1841, (No. 53) town 
clerks are to be allowed in their accounts for all postages 
actually paid by them on communications from commis- 
sioners of common schools, or from trustees of school dis- 
tricts ; and it is made their duty to transmit to the Super- 
intendent the names of the clerks of the several school 
districts, to distribute communications from the Superin- 
tendent to the clerks of the school districts, and to receive 
and transmit to the Superintendent such returns and pa- 
pers as he shall, by regulation, require to be transmitted 
by them. 

It has been decided by the Superintendent of Common 
Schools, that no legal impediment existed to the election 
of the town clerk as Town Superintendent : but it is 
respectfully submitted whether very great practical embar- 
rassment would not be likely to arise from a conjunction 
of the two offices in one person, particularly in those 
cases, and they will probably be numerous, where trustees 
desire to avail themselves of the united action of the 
supervisor. Town Superintendent and town clerk, in the 
formation or alteration of school districts, and where it 
may be desirable that the concurrence of at least a majo- 
rity of those officers, in the proposed alteration, should be 
obtained or refused. Although, therefore, no absolute 
incompatibility exists in the discharge of the duties of 



94 COMMON SCHOOL SYSTEM. 

both offices, and although there is no specific provision of 
law declaring the incumbent of either ineligible to the 
other, yet it is believed that the public interests would be 
best promoted by the separation of the two offices. 

Under the authority conferred by ^ 31, above quoted, 
the Superintendent has, by a general order, required the 
several town clerks, within ten days after every annual 
town meeting, to forward to the County Superintendents 
of their respective counties the names of the persons 
elected to the office of Town Superintendent of their 
respective towns : and also to transmit to such County 
Superintendents the names of the clerks of the several 
school districts in their 'town from time to time as they 
shall be received from the districts respectively ; instead 
of forwarding the same to the state Superintendent, as 
required by the section referred to. 

CONSENT OF TRUSTEES, AND NOTICE OF ALTERATION. 

By the 22d section of the school act (No. 26) it is pro 
vided that " no alteration of any school district made 
without the consent of the trustees thereof, shall take 
effect until three months after notice in writing shall be 
given, by the Town Superintendent, to some one or more 
of such trustees." As the principal portion of the 
inhabited territory of the stale has already been subdi- 
vided into school districts, every formation of a new dis- 
trict, will, to a greater or less extent, involve some altera- 
tion in districts previously existing. The consent of a 
majority of the trustees, therefore, of each district affected 
by such alteration, or a written notice thereof, to some one 
of such trustees, is in all cases indispensable to the vali- 
dity of the proceeding. In the absence of such consent 
the order of the Town Superintendent is, to use a legal 
phrase, mchoate, or m abeyance^ until the expiration of 
three months after service of the notice required by law : 
and the districts to be affected by the proposed alteration, 
remain for all district purposes, in their original condition, 
the same as though no action whatever had been had. 
The law has not prescribed any specific time within which 
the notice of the alteration must be given, where the con- 
sent of trustees has been withheld; but it is obviously 



TOWN SUPERINTENDENTS. 95 

proper that such notice should be given at the time of the 
alteration, or as soon thereafter as may be practicable. A 
notice at any subsequent period would undoubtedly how- 
ever be valid, and would amount to a republication of the 
order of the Town Superintendent ; and at the expiration 
of three months from the service of such notice, the 
alteration would take effect. The consent of the trus- 
tees, when given, would appear from the record of the 
alteration ; but in the absence of such proof it may be 
established by other testimony. 

Whenever any portion of the inhabitants or territory 
of one district is annexed to another existing district, the 
consent of a majority of the trustees of each district must 
be procured, or the notice required by law must be given. 

The consent of trustees to a proposed alteration in 
their district may be given either verbally or in writing: 
and it has even been held that their presence at the time 
of alteration, with full knowledge of the fact of such 
alteration, amounts, in the absence of any objection on 
their part, to a consent. — Coin. School, Dec. 59. 

Persons attached to a district without the consent of 
trustees, may be transferred to another district, at any 
time prior to the expiration of three months ; and such 
new transfer^ amounts to a virtual abandonment of the 
original order. 

The consent of trustees to an alteration in their district 
must in all cases have reference to the specific alteration 
proposed, and cannot be general and unlimited. — Corn 
School, Dec. 30. 

The provision requiring the consent of trustees to 
detach persons from their district, and holding them three 
months without such consent, was made for the benefit 
and protection of the trustees, to whose injury the altera- 
tion might operate. For instance, trustees might have 
made contracts and incurred responsibilities, w^hich would 
operate oppressively, if some of the most wealthy were 
detached before they had time to collect the tax. And 
to carry this intention into effect, the act should be be- 
nignly and favorably construed for the protection of the 
trustees. — Id. 30. 



96 COMMON SCHOOL SYSTEM. 



NOTICE FOR THE ORGANIZATION OF A NEW DISTRICT. 

Whenever any school district is formed in any town, 
it is the duty of the Town Superintendent, within twenty 
days thereafter, to prepare a notice in writing, describing 
such district, and appointing a time and place for the first 
district meeting, and to deliver such notice to a taxable 
inhabitant of the district, who is bound to notify every 
other inhabitant of the district, qualified to vote at district 
meetings, by reading the notice in the hearing of each 
such inhabitant, or in case of his absence from home, by 
leaving a copy thereof, or of so much thereof as relates 
to the time and place of such meeting, at the place of his 
abode, at least six days before the time of the meeting. 
In case such notice shall not be given, or the inhabitants 
of a district shall refuse or neglect to assemble, or form a 
district meeting, when so notified ; or in case any such 
district, having been formed and organized in pursuance 
of such notice, shall afterwards be dissolved, so that no 
competent authority shall exist therein, to call a special 
district meeting in the manner hereinafter provided ; such 
notice must be renewed by the Town Superintendent, and 
served in the manner above described. — ^ 55-57. (Nos. 
66-68.) 

The notice here required to be served on each voter in 
the district by the inhabitant to whom the Town Super- 
intendent delivers the notice prepared by him, need not 
contain the dtscripiio?? of the district referred to in the 
55th section. It is sufficient if it specify the time, place, 
and general object of the meeting. "It is necessary for 
the person notifying the inhabitants to have the district 
described, that he may know whom to notify. The 
inhabitant notified has no necessity for knowing who else 
is notified. The notice is to him as an individual. The 
same section defines the extent of this notice to individu- 
als by sa3'ing, when the person is absent from home, he 
is to be warned by leaving at his place of abode a copy 
of the notice, or of so muck thereof as relates to the tims 
and -place of the meeting. This is clear and conclusive. 
It could not be necessary that a personal notice should be 
more full and particular than is required of a notice left 



TOWN SUPERINTENDENTS. 97 

in the absence of the person notified." — Per Flagg, Sup^t^ 
Com. School Dec. 18. 

If in consequence of the refusal of the trustees of 
the district or districts, from which a new district is 
formed, to consent to the proposed alteration, such new 
district cannot go into operation until after the expiration 
of three months from the service of notice of such alter- 
ation, the notice for the first meeting must be deferred 
until the expiration of such time ; or at least must specify 
a day subsequent thereto for the holding of such meeting. 

Where a meetinsf has been held and officers chosen 
under a notice given by the Town Superintendent, in the 
mode prescribed by law, a second notice for such organi- 
zation cannot be given under the pretence that the pro- 
ceedings of such first meeting were invalid or irregular. — 
Com. School Dec. 176. 

On the formation of a new district, if notice for the 
first district meeting is not given within twenty days, it 
may be given subsequent to the expiration of that period : 
the provision requiring the notice to be given within that 
lime being directory merely. — Id. 358. 

APPRAISAL AND APPORTIONMENT OF DISTRICT PROPERTY. 

Whenever a new district is formed from one or more 
districts, possessed of a school-house ; and in cases where 
any district from which such new district may be in whole 
or in part formed, shall be entitled to other property than 
its school-house, it is made the duty of the Town Super- 
intendent of common schools, at the time of forming 
such new district, to ascertain and determine the amount 
justly due to such new district, from any district out of 
which it may have been in whole or in part formed, as 
the proportion of such new district of the value of the 
school-house and other property belonging to the former 
district, at the time of such division. Such proportion is 
required to be ascertained, according to the taxable pro- 
perty of the inhabitants of the respective parts of such 
former district, at the time of the division, by the best 
evidence in the power of the Town Superintendent ; and 
deduction to be made therein for any debts due from the 
former district. Such proportion, when ascertained, is to 

7 



98 COMMMON SCHOOL SYSTEM. 

be levied, raised and collected, with the fees for collec- 
tion, by the trustees of the district retaining the school- 
house or other property of the former district, upon the 
taxable inhabitants of their district in the same manner 
as if the same had been authorized by a vote of their dis- 
trict for the building of a school-house ; and when collect- 
ed, to be paid to the trustees of the new district, to be 
applied by them towards procuring a school-house for 
their district ; and the moneys so paid to the new district 
are to be allowed to the credit of the inhabitants who 
were taken from the former district, in reduction of any 
tax that may be imposed for erecting a school-house. — 
^ 67-69. (Nos. 92-94.) 

When two or more districts are consolidated into one, 
the new district^ succeed'^to all the rights of property pos- 
sessed by the districts of which they may be composed; 
and when a district is annulled, and portions of it are 
annexed to other districts, that district into which the 
school-house, or its site, or any other property of such dis- 
solved district may fall, succeeds to all the rights of the 
annulled district in respect to such property, and when- 
ever two or more districts or pans of districts shall be 
united, and there shall be m.ore than one school-house in 
such new or altered district, the trustees of such district 
may sell the site and buildings thereon, of either or both 
the school-houses situated in such new district. — ^ 3 of 
chap. 260, LaiDS o/ 1841, {No. 95.) 

In cases where by the dissolving a district, its school- 
house, or other property, is annexed to or included in 
another district, the Town Superintendent of common 
schools, by whose orders such dissolution is effected, is 
required to appraise such property in the manner provided 
by law in cases of the creation of new districts ; and the 
proportions assigned to the inhabitants of such dissolved 
district who are not annexed to the district which includes 
the school-house or other prop'erty, are to be raised by 
the trustees of such last mentioned district and paid over 
to the trustees of the district to which such inhabitants 
are annexed, in the same manner as in case of the crea- 
tion of a new district, and to be applied to the same pur- 
pose.— 7^. § 4, No. 96. 

When there are any moneys in the hands of the ofii- 



TOWN SUPERINTENDENTS. 99 ' 

cers of a district that is or mny be annulled, or belong- 
ing to such district, the Town Superintendent of common 
schools ^f the town may demand, sue for, and recover 
the same, in their name of office, and are required to 
apportion 4he same equitably between the districts to 
which ipe several portions of such annulled district may 
have beenWnnexed, to be held and enjoyed as district 
property.— /<:^. ^ 5. (No. 97.) 

The books in the district library, and all other personal 
property, are to be appraised and their value apportioned 
in the manner above required, as there is no authority for 
making any partition among the districts. 

The money thus received by the new district is not to 
be paid to the individuals whose portions have Leen ascer- 
tained, bi^t is to be applied by the trustees receiving it, 
towards procuring a school-house, or a library, and is to 
be allowed to the credit of such individuals, in reduction 
of any tax for erecting a school-house, § 69, (No. 94,) 
and if received on account of the library, to the purchase 
of books. If the amount of the tax upon any one of those 
individuals for erecting a school-house is not equal to his 
portion of the sum raised and paid over to the trustees, 
yet, as the law positively requires its application towards 
procuring a school-house, and leaves no discretion on the 
subject, it must be so applied: and if for any reason no 
tax shall be levied for the erection of a school-house, the 
trustees would be justified in applying the amount 
received to the repair of their house, giving credit to the 
individuals upon any tax levied for that purpose, in the 
same manner as before mentioned. 

It should be borne in mind, that this appraisal and dis- 
tribution of the value of property on hand, is to be made 
only when a neiv district is formed ; and that the statute 
does not apply to the case of the mere alteration of a dis- 
trict, by the annexation of one or more inhabitants from 
another district. 

Where money is on hand, the Town .Superintendent 
should cause an equitable apportionment of it to be made 
between the new and old districts. 

The appraisal and apportionment of district property is 
required by the terms of the act, to be made at the time 
of the formation of the new district; and although on a 



loo COMMON SCHOOL SYSTEM. 

proper application to tlie Superintendent, where the rights 
of all parties can be protected, it will, under special cir- 
cumstances be allowed to be subsequently made, there are 
substantial reasons in favor of having the valuation made 
at that time rather than any other. These reasons are 
forcibly stated by Mr. Flagg, at page 37 Common School 
Decisions. " It is just and fair that the old district should 
know at the time of the division, whether a tax is to be 
levied to pay for a portion of the school-house, because 
in many instances the inhabitants would remonstrate 
against a division of the district, if they knew that a tax 
would be required to pay those set off for a part of the 
school-house, when, without such knowledge, they might 
silently acquiesce in the division. It is also due to those 
retaining the school-house that they should know whether 
they are to be taxed, as it might form the principal reason 
for an appeal against the division of the district; and if 
the principle were established that the valuation might 
take place at any time, designing persons might procure 
the division of a district, and postpone levying the assess- 
ment until after the expiration of the time allowed for 
bringing an appeal, and thus take the inhabitants by sur- 
prise, and deprive them of their fair redress in the ordi- 
nary way. An additional reason against deferring the 
valuation of the school-house is, that another portion of 
the inhabitants of the district retaining the school-house 
might be detached to other adjoining districts, and leave 
the proportion of tax still heavier upon those who remain- 
ed. In forming a new district, therefore, the valuation of 
the school-house, &c. must be made at the time of such 
formation ; and if this is omitted, such appraisement can- 
not subsequentl}/- be made without an order from the Su- 
perintendent of Common Schools, who will open the whole 
case, by allowing an appeal both from such appraisal, and 
from the formation of the new district." 

This appraisal and apportionment is to be made in all 
cases upon the 'formation of a new district, unless all the 
inhabitants transferred to the new district, expressly relink 
quish their claim to any share of the property of the dis- 
trict from which they are taken. No person set to a new 
district can without his consent, be deprived of his righi 
to receive a portion of the value of such property ; an4 



TOWN SUPERINTENDENTS. 101 

this whether he has in any manner contributed to such 
property or not. 

Where persons are annexed to a new district without 
their consent, and in consequence of having paid a tax 
for building a school-house in the district from which they 
were taken, within four years, are not liable to taxation 
for the same purpose in the new district, their proportion 
of the value of the school-house of the former district, 
goes to the benefit of the remaining taxable inhabitants 
of the new district. — Com. School, Dec. 196. 

Where, however, inhabitants of a district are trans- 
ferred with their consent, or without objection on their 
part, to a new district, on its formation, the amount direct- 
ed to be raised by the trustees of the district from which 
they were taken, as their proportion of the property of 
xsuch district, can be applied by the trustees of the new 
district, only in reduction of any tax which may thereaf- 
ter be imposed upon the individuals so transferred, for 
building or repairing school-houses ; or if such property 
consists wholly or in part of a library, for the purchase of 
books. It is not competent for the inhabitants of the new 
district to direct any other disposition of such money ; nor 
can the trustees make any different application of it. 

In the case of joint districts, the Town Superintendents 
of the respective towns from parts of which the district is 
composed, must unite in the appraisal and apportionment 
of the district property ; and the assessment rolls of such 
respective towns must be consulted as to the valuations of 
property situated in each. 

The amount to which the new district is entitled having 
been ascertained, the Town Superintendent makes an 
order, directed to the trustees of the district or districts Irom 
which such new district is formed, reciting the appraisal 
and apportionment, and directing the amount so ascertain 
ed to be raised, in the usual manner by tax on the pro 
perty of the districts retaining the school-house, &c. and 
paid over to the trustees of the new district. This order 
may be enforced by the latter, if necessary, by an action 
at law, against the former. 



102 COMMON SCHOOL SYSTEM. 

FORMATION OR ALTERATION OF JOINT DISTRICTS. 

By ^ 21, (No. 25) of the school act, it is provided that 
"whenever it may be necessary or convenient to form a 
district out of two or more adjoining towns, the Town 
Superintendents of each of such adjoining towns may form, 
regulate and alter such districts." 

In accordance with the spirit of this provision, and of 
the adjudications under it, it is conceived that the assent 
of the Town Superintendent, either singly or in conjunc- 
tion with the supervisors or town clerk, or one of them, of 
each of the towns from which a joint district is partly 
composed, is essential to the validity of any order forming 
or altering such joint district. In the formation of joint 
districts the Town Superintendents, &c. represent their 
respective towns, and the rights of those whom they repre- 
sent cannot he voted away by officers representing the 
inhabitants of another town. The principle has been set- 
tled by the decisions of Messrs. Flagg, Dix and Young, 
Superintendents, against the dissenting opinion of Mr. 
Spencer, that the law does not authorize the question of 
the formation or alteration of a joint district, to be settled 
by a joint ballot of the officers representing the several 
towns, from parts of which it is, or is proposed to be, com- 
posed. See Com. School Dec. 23, 174. 

The moment a single district hezomes joint, the action 
of the proper officers of all the towns of which it is a part 
is indispensable to give validity to any alteration in its 
boundaries ; and such alteration, whether its eflect is to 
change a joint to a single district, or to continue the joint 
district, can be made only by the concurrence of the re- 
presentatives of each of the towns interested, or of a 
majority of them, where there are more than one. This 
construction is in entire accordance with the whole tenor 
of the Superintendent's decision ; and if it is not clear 
from the language of ^ 21 that such is the true meaning 
of that section, all doubt on this point will be dispelled 
by reference to § 65, which provides for the case of a 
refusal on the part of the proper officers of one town to 
act with those of another, for the purpose of altering a 
joint district." Per Dix, Sup't Com. School Dec. 174; 
modified in conformity to the existing provisions of law 



TOWN SUPERINTENDENTS. 103 

in reference to the proper officers to form, regulate and 
alter districts. At pages 24S and 253 of the same vol- 
ume, the same principle is again distinctly recognized 
and enforced by the same Superintendent. " The consent 
of the trustees of a joint district to an alteration does not 
authorize the proper officers of one town to make it with- 
out the concurrence of those of the others of which it may 
be composed. Each town of which the district is a part, 
is concerned in its preservation ; and it is only with the 
consent of the official authority of each town, that its 
boundaries can be enlarged or diminished, excepting when 
the proper officers of one town refuse or neglect to meet 
those of the others when their attendance has been re- 
quired." 

By ^ 65, (No. 84) above alluded to, it is provided that 
where the Town Superintendent of common schools of 
any town shall require in writing the attendance of the 
proper officers of any other town or towns, at a joint meet- 
ing, for the purpose of altering a school district formed 
from their respective towns, and a major part of the offi- 
cers notified shall refuse or neglect to attend, those in 
attendance may, by a majority of votes, call a special dis- 
trict meeting of such district, for the purpose of deciding 
on such proposed alteration; and the decision of such 
meeting shall be as valid as if made by the proper au- 
thority of all the towns interested ; but shall extend no 
further than to dissolve the district formed from such 
towns. The effect of such a dissolution would be to 
cause the inhabitants and territory of each of the towns 
from parts of which the joint district had been composed, 
to revert under the separate jurisdiction of the proper offi- 
cers of the respective towns, who might make such dis- 
position of them as they should deem most expedient and 
proper. 

Single districts are frequently transformed into joint 
districts by operation of law, on the division of towns and 
counties, or the alteration of their boundaries. A district 
intersected by the line of division between a new town 
and the town from which it was taken becomes a joint 
district ; and is thereafter subject to the principles and 
provisions of law applicable to joint districts. 



104 COMMON SCHOOL SYSTEM. 

Although the joint action of the requisite legal autho- 
rity of all the towns from portions of which a joint dis- 
trict is composed, is necessary to any alteration of such 
district, yet where such alteration involves the dissolution 
of the joint district, the powers of the joint board cease 
with the order for such dissolution ; and the proper offi- 
cers of each of the towns resume their jurisdiction over 
the inhabitants and territory belonging to their town. 
The co-operation of the other members of the joint board, 
in such subsequent proceedings, although unnecessary and 
irregular, would not however, it is presumed vitiate the 
proceedings. 

In the formation or alteration of joint districts, a joint 
hoard must in all cases be formed. The officers of one 
town cannot conicur in the proceedings of those of another, 
at a subsequent period. They have no power to act, 
either separately or by proxy. They can neither give 
their consent beforehand to what their colleagues may do, 
nor can they afterwards in any mode render that valid, 
which was before illegal and void. 



GENERAL PRINCIPLES APPLICABLE TO THE FORMATION AND 
ALTERATION OF DISTRICTS. 

The great aim of the officers to whom this duty has 
been confided should be to form, as far as may be practi- 
cable, permanent and efficient districts, competent both in 
respect to taxable property and number of children, to 
sustain good schools, for from eight to ten months of each 
year, and affording all requisite facilities for the regular 
attendance of all the children entitled to participate in the 
benefits of the school. Whenever alterations may become 
necessary or expedient, the utmost care should betaken 
to secure the general co-operation of the inhabitants in- 
terested, and to avoid all those sources of contention and 
discord which are so fatal to the prosperity, harmony and 
efficiency of the district. It is better to submit to many 
temporary and local inconveniences, than to hazard the 
disastrous results which almost uniformly follow any 
general dissatisfaction with contemplated alterations, even 
though such alterations may upon the whole be judicious 
and advantageous. '' The good sense of a district may 



TOWN SUPERINTENDENTS. 105 

be relied upon, to perceive ultimately its true interest, and 
the loss of time in attaining the desired end is unimpor- 
tant when compared with the consequences of defeating 
the wishes of a decided majority," or even of a respecta- 
ble minority "of a district." 

School districts must be composed of contiguous terri- 
tory : and it has been decided that when a person is set 
off from one district to another, and there are lands be- 
tween the farm so set off and the district to which it is 
annexed, such intermediate territory passes to the latter. 

In his annual report to the legislature for the year 1843, 
the Superintendent, (Col. Young.) observes, "One of the 
most formidable obstacles to the efficiency of our common 
schools is believed to be the unnecessary multiplication and 
subdivision of districts. In those portions of the state 
where the population is scattered over a large extent of 
territory, the convenience and accommodation of the 
inhabitants require the formation of districts comprising 
a small amount of taxable property, applicable to the sup- 
port of schools and a limitednumber of children. But where 
an opposite state of things exists, the interests of educa- 
tion will be most effectually promoted, by assigning to 
each district the greatest extent of territory compatible 
with securing to the children the requisite facilities for 
their regular attendance at the schools." 

In a case coming before him on appeal, in 1835, Gen. 
Dix observes in reference to this subject: "Almost all the 
existing evils of the common school system have their 
origin in the limited means of the school district. The 
tendency is to subdivision and to a contraction of their 
territorial boundaries. This consequence must follow in 
some degree from the increase of population ; but the 
subdivision of school districts tends to advance in a much 
greater ratio. The average number of children in our 
school districts is about fifty-five. No school district should 
number less than forty children between five and sixteen 
years of age. From the observations he has made, the 
Superintendent deems itdue to the common school system, 
that no new district shall be formed with a much smaller 
numher, unless peculiar circumstances render it proper to 
make it an exception to the general rule. In feeble dis- 
tricts, cheap instructors, poor and ill furnished school- 



106 COMMON SCHOOL SYSTEM. 

houses, and a general languor of the cause of education 
are almost certain to be found." — Com. School, Dec. 220. 

II. APPORTIONMENT AND PAYMENT OF PUBLIC MONEY. 

By subdivisions 5, 6 and 7 of § 20 of the school act, 
(No. 24) it is made the duty of the Town Superintendents 
" To apply for and receive from the county treasurer, all 
moneys apportioned for the use of common schools in 
their town, and from the collector of the town, all mo- 
neys raised therein for the same purpose, as soon as such 
moneys shall become payable, or be collected, and to 
apportion the school moneys received by them, on the 
first Tuesday of April, in each year, among the several 
school districts, parts of districts, and neighborhoods sepa- 
rately set off, within their town, in proportion to the num- 
ber of children residing in each, over the age of five 
and under that of sixteen years, as the s&me shall have 
appeared from the last annual reports of their respective 
trustees. If they shall have received the school moneys 
of their town, and all the reports from the several school 
districts therein, before the first Tuesday in April, they 
shall apportion such moneys as above directed, v^^ithin ten 
days after receiving all of the said reports and the said 
moneys. The practice of making two divisions of the 
public money among the districts in the course of the 
year, is contrary to the express provision of the statute. 
The sixth subdivision of section 20 (No. 24) makes it the 
duty of the Town Superintendent to apportion the school 
moneys received by him on the Jirst Tuesday of April in 
each year ; and by the 7th subdivision of the same sec- 
tion, if he have received reports from all the districts 
before that day, he is to divide the money within ten days 
after receiving all the reports and the money. 

He will receive from the town collector a sum equal to 
that received from the county treasurer, for the support 
of common schools and the purchase of books. The ag- 
gregate, composed of these two sums, is to be apportioned 
by him among the school districts of his town, in propor- 
tion to the number of children over five and under sixteen 
years of age, as that number appears by the annual report 
dated the 1st of January preceding. 



TOWN SUPERINTENDENTS. J07 

The annual reports of the trustees of the several dis- 
tricts are, as will be seen hereafter under the appropriate 
head required to be made and transmitted to the Town 
Superintendent, between the first and fifteenth of January 
in each year ; and the public money from all sources is 
payable immediately after its receipt by the county treasu- 
rer and town collector, on the first of February. If, there- 
fore, the reports of the respective trustees are made within 
the time prescribed by law, ample opportunity will be 
afforded to the Town Superintendent to point out all errors 
and deficiencies in them, and to enable the trustees either 
to make the necessary corrections or to apply to the depart- 
ment for relief, before the apportionment is finally made. 
In making the apportionment, the Town Superintendent 
is first to assign to each district, from which the necessary 
report has been received, or which is entitled to share in 
the apportionment, its proportion of the public money re- 
ceived from all sources, according to the number of chil- 
dren between the ages of five and sixteen, designating 
the respective proportion of teachers' and library money 
belonging to each district. This designation will be most 
readily made by deducting from the aggregate sum to be 
distributed one-fifth of double the amount apportioned by 
the state, and received from the county treasurer, and 
making the apportionment accordingly. The teachers' 
money is to be paid over *' on the written order of a ma- 
jority of the trustees of each district, to the teachers 
entitled to receive the same." It will therefore be incum- 
bent on the Town Superintendent to satisfy himself, both 
of the genuineness of the order, and that the person pre- 
senting it has the certificate ot the trustees that he is or 
was a teacher of the district, and duly qualified according 
to law. In order to entitle a district to its share of teach- 
ers' money, it must appear from its annual report, " that 
a school had been kept therein for at least four months 
during the year, ending at the date of such report, by a 
qualified teacher," after obtaining a certificate of compe- 
tency frojn the proper authority ; that all the teachers' 
money received during the year has been expended in the 
payment of such teacher ; " that no other than a duly 
qualified teacher had at any time during the year for more 
than one month been employed to teach the school in said 



lOS COMMON SCHOOL SYSTEM 

• 

district ;" and such report must, in all other respects, be 
in accordance with law, and the requisitions and instruc- 
tions of the Superintendent, made in pursuance of law. 
In other words, it must be in the form prescribed by the 
Superintendent, and must contain all the information re- 
quired by law and by the department to be given. 

The library money is to be paid over to, or on the order 
of, a majority of the trustees, on its appearing from the 
annual report that "the library money received at the last 
preceding apportionment was duly expended according to 
law, (in the purchase of books suitable for a district 
library, or in the purchase of maps, globes, black-boards, 
or other scientific apparatus for the use of the schools, in 
the cases and in the mode prescribed by law, on or before 
the first day of October subsequent to such ayyortionment.^'' 
The report must uniformly be accompanied with a cata- 
logue of the library, and must state accurately the num- 
ber of volumes and their condition ; and when the money 
has been expended in the purchase of apparatus, &c. the 
authority under which such expenditure has been made, 
and a full and particular inventory of the articles pur- 
chased, must be specifically reported. 

By the third subdivision of original section 5, of title 
2, of chapter 11, part 1, R. S. (? 6, of the second edi- 
tion,) No. 403, the electors of each town are authorized, 
at their annual meeting, to direct a sum to be raised in 
their town for the support of common schools, for the en- 
suing year, not exceeding that required bylaw to be raised 
by the board of supervisors for that purpose. The sum 
that may be thus voted, may be equal to the whole amount 
which the supervisors are authorized to assess on the town, 
including both library money and teachers' money. This 
construction follows from the language of the fourth sec- 
tion of the act of 1838, respecting the U. S. Deposit 
Fund, which directs that the sum of $55,000 shall be 
annually distributed " to the support of common schools ;" 
although it subsequently directs that it shall be applied 
to the purchase of a library temporarily. 

When the money thus voted by a town shall be raised 
and paid to the Town Superintendent, he should keep 
a separate account of it, and in his annual report should 
state, that of the sum received from the town collector 



TOWN SUPERINTENDENTS. 109 

SO much, (specifying the amount,) was raised by the board 
of supervisors, and so much, (stating it,) was Voted by the 
inhabitants of the town. 

The sum thus received being raised under the authori- 
ty to a town to vote a tax *' for the support of common 
schools," must be applied solely to that object. The le- 
gislature has not authorized the application of it, tempo- 
rarily or otherwise, for the purchase of a library, as is 
done in the case of the public money. No part of it can 
be appropriated to the purchase of books, or to any pur- 
pose other than " the support of common schools" in the 
town. The Superintendent, therefore, is not to make any 
division of such money into library money, and teachers' 
money, but is to apportion it wholly as school money. 

By chapter 257, of the Laws of 1829, in those counties 
where the distinction between town and county poor is 
abolished, the inhabitants of towns having any funds in 
the hands of their overseers of the poor, may appropriate 
all, or any part of such funds, to such purposes as shall 
be determined at an annual or special town meeting. If 
appropriated for the benefit of common schools, it is made a 
fund for that purpose, and is placed under the charge of 
the Town Superintendent of common schools of the town. 
The interest is to be applied " to the support of common 
schools." But the town may, at an annual meeting, direct 
the whole principal, as well as the interest, to be applied 
for the benefit of the common schools. [See vol. 1, 2d 
ed. Rev. Statutes ^ page 351, and Corn. School Decisions ^ 
'page 418.] 

The Town Superintendent will, therefore, be bound to 
distribute the interest, and the principal when directed by 
the town, equally, among the districts. He cannot adopt 
a more just or convenient ratio than that established by 
the existing law, in relation to the public money — the 
number of children above five and under sixteen years of 
age. 

The purchase of district libraries would not be an appli- 
cation " to the support of common schools." They are 
not intended for the schools exclusively, or particularly, 
but for the benefit of all the inhabitants, and cannot be 
said to form any part of " the common schools." No 
part of the interest or principal of this town fund, there- 



110 COMMON SCHOOL SYSTEM. 

fore, can be distributed as " library money ;"'* the whole 
must be apportioned and paid over as school money. 

There are laws of a similar character respecting the 
gospel and school lots, which are so local and peculiar as 
not to justify any particular observations concerning them 
in this connection, except that none of these funds can 
properly be applied to the purchase of books. 

In apportioning and paying the money in their hands 
to trustees of school districts, the Town Superintendents 
should bear in mind that the " teachers' money" and the 
" library money" are entirely independent of each other. 
The report of the trustees of school districts may entitle 
them to their "teachers' money" and yet they may not 
have complied with the conditions upon which they are 
authorized to receive the " library money." For instance, 
they may not have expended the latter in the purchase of 
books ; and yet they may have fully complied with the 
law in regard to their schools. So they may be entitled 
to " library money," and yet not have had a school kept 
four months by a qualified teacher. In all such cases the 
money appropriated to the different objects, teachers or 
library, is to be distributed upon the reports relating to 
those objects only. 

By § 15 of the act of 1841, (No. 168,) Town Superin- 
tendents are required to apportion and pay to the trustees 
of colored schools, established in their town, according to 
the provisions of that section, a portion of the public 
money, according to the number of colored children be- 
tween the ages of 5 and 16 years, appearing by the 
reports of the trustees to have been instructed in such 
schools for at least four months during the preceding year 
by a licensed teacher, and to deduct the amount so appor- 
tioned from the shares of the districts from which such 
children have respectively attended. 

In all cases where the annual report of the trustees of a 
.district shall not be found in substantial accordance with 
the law, or the forms or instructions prescribed by the Su- 
perintendent, it is the duty of the Town Superintendent to 
withhold from such district the share of teachers' or library 
money to which it would otherwise have been entitled; 
to direct the defaulting trustees to make immediate ap- 
plication to the department, setting forth under oath any 



TOWN SUPERINTENDENTS. Ill 

excuse they may have for omitting to comply with the re- 
quisitions of law: and to retain the amount apportioned to 
such district and so withheld, to await the directions of the 
department in reference to its disposition. In case no di- 
rections are received prior to the next succeeding appor- 
tionment, the Town Superintendent is to add the amount 
so retained to the fund for distribution the ensuing year. 

By the second section of the act of 1841, (No. 30) it is 
provided that " Whenever an apportionment of the public 
money shall not be made to any school district, in conse- 
quence of any accidental omission to make any report re- 
quired by law, or to comply with any other provision of 
law, or any regulation, the Superintendent of Common 
Schools may direct an apportionment to be made to such 
district, according to the equitable circumstances of the 
case, to be paid out of the public money on hand ; or if 
the same shall have been distributed, out of the public 
money to be received in a succeeding yea'\" And by the 
sixth section of chap. 177, Laws of 1839 (No. 185) when- 
ever any library money shall be withheld from any school 
district, the same may be distributed among other districts 
complying with such conditions, or may be retained and 
paid subsequently, to the district from which the same 
was withheld, as shall be directed by the Superintendent 
of Common Schools, according to the circumstances of the 
case. 

By H 27 and 28 (No.'s 33 and 34) of the school act, 
*' All monej^s apportioned by the Town Superintendent to 
the trustees of a district, part of a district, or separate 
neighborhood, Avhich shall have remained in the hands of 
such Superintendent for one year after such apportion- 
ment, by reason of the trustees neglecting or refusing to 
receive the same, shall be added to the moneys next there- 
after to be apportioned, and shall be apportioned and paid 
therewith, in the same manner : and in case any school 
moneys received by the Town Superintendent cannot be 
apportioned by him for the term of two years after the 
same are received, by reason of the non-compliance of all 
the school districts in the town with the provisions 
of this title, such moneys shall be returned by j|jim to 
the county treasurer, to be by him apportioned and dis- 
tributed, together and in the same manner with the tmn^ 



112 COMMON SCHOOL SYSTEM. 

neys next thereafter to be received by him, for the use of 
common schools." 

If the Town Superintendent knows, or has good reason 
to believe any district report to be erroneous or false, he 
may withhold the public money from the district, and sub 
mit the facts to the Superintendent. 

If after the time when the annual reports are required 
to be dated, and before the apportionment of the school 
moneys shall have been made by the Town Superintend- 
ent, a district shall be duly altered, or a new district be 
formed in the town, so as to render an apportionment 
founded solely on the annual reports, unjust, as between 
two or more districts of the town, the Town Superintend- 
ent is required by ^ 26 (No. 31) of the school act, to make 
an apportionment among such districts, according to the 
number of children in each, over the age of five and un- 
der sixteen years, ascertaining that number by the best 
evidence in his power; and by the first section of chap. 
206 of the Laws of 1831, the same provision is extended to 
all cases where a school district shall have been formed at 
such time previous to the first day of January, as not to 
have allowed a reasonable time to have kept a school 
therein for the term of four months, such district having 
been formed out of a district or districts in which a school 
shall have been kept for four months, by a teacher duly 
qualified, during the year preceding the first day of Janu- 
ary. 

The apportionment of public money by the Town 
Superintendent, can in no case be made prior to the first 
Tuesday in April, except where reports from all the dis- 
tricts and parts of districts in the town, and all the public 
moneys have been received, before that time ; but under 
certain circumstances it may be made subsequently. The 
specification of time in the statute is not intended to limit 
the exercise of the authority of the Town Superintendent 
in this respect, but may be regarded as directory merely; 
and it has accordingly been held, that if for any justifi- 
able cause, the apportionment is not made or completed 
on thp day specified, it may be made at a subsequent 
periocL 

In Si cases where school districts have complied sub- 
stantially with the law, the trustees may be allowed to 



TOWN SUPERINTENDENTS. 113 

correct their reports, as to mere matter of form, at any- 
time before the money is actually apportioned and paid. 
A district ought not to lose its money in consequence of 
a misconception of the law, or a mere clerical error on 
the part of some of its officers. The Town Superinten- 
dent should consider himself the guardian of the equita- 
ble rights of the districts, and when he discovers an error 
as to form, which if not corrected would deprive a district 
of its just share of public money, he should point it out 
to the trustees, to the end that it may be corrected, and the 
fair rights of the district secured. — Per Flagg and Dix, 
SupHs, Com. School Dec. 36, 181. 

By a regulation of the Superintendent of Common 
Schools, made in pursuance of law, Town Superintendents 
are prohibited from paying over the share of library mo- 
ney apportioned to any district in the following cases: 

1st. Where a catalogue of the title of all the books in 
the district library, with the number of volumes of each 
set or series, and the condition of such books, signed by 
the trustees and librarian, has not been delivered. 

2d. Where the number of books belonging to the 
library is not stated in the annual report of the trustees. 

3d. Where it does not clearly appear from such report 
that the whole of the library money paid to such district 
the preceding year has been expended within the time 
and in the mode prescribed by law : and if for the pur- 
chase of maps, globes, or other school apparatus, for what 
particular articles, and under what authority, or resolution 
of the district. 

4th. Whenever it appears that any portion of the library 
money of the preceding year has been expended in the 
purchase of any text-book, or any book clearly improper 
to be admitted into a district library. In cases where 
there may be room for an honest difference of opinion as 
to the admissibility of any book or books, purchased by 
the trustees, the Town Superintendent should include the 
district in the apportionment of library money and refer 
the inhabitants aggrieved by such selection to their reme- 
dy by appeal. / 



8 



114 COMMON SCHOOL SYSTEM 

ra. THE INSPECTION AND LICENSING OF TEACHERS, AND THE VISI- 
TATION AND SUPERVISION OF THE SCHOOLS. 

The Town Superintendent is, by virtue of his office, 
inspector of common schools of his town; and it is his 
duty " to examine all persons offering themselves as can- 
didates for teaching common schools in such town." In 
making such examination it is his duty " to ascertain the 
qualifications of the candidate in respect to moral charac- 
ter, learning and ability." If he " shall be satisfied in 
respect to the qualifications of the candidate, he shall 
deliver to the person so examined a certificate signed by 
him, in such form as shall be prescribed by the Superin- 
tendent of Common Schools." 

. He may annul any such certificate given by him or his 
predecessor in office, when he shall think proper, giving 
at least ten days' previous notice in writing to the teacher 
holding it, and to the trustees of the district in which he 
may be employed, of his intention to annul the same. 

Whenever he shall deem it necessary, he may require 
a re-examination of all or any of the teachers in his town, 
for the purpose of ascertaining their qualifications to con- 
tinue as ^such teachers. The annulling of a certificate 
does not, liowever, disqualify the teacher to whom it was 
given, until a note in writing thereof, containing the name 
of the teacher, and the time when his certificate was an- 
nulled, shall be made by the Town Superintendent and 
filed in the office of the clerk of the town. 

Where any school district is composed of a part of two 
or more towns, or any school-house shall stand on the divi- 
sion line of any two towns, the Town Superintendent of 
either town may examine into and certify the qualifica- 
tions of any teacher offering to teach in such district, and 
may also in the s;ime manner annul the certificate of such 
teacher. — ^ 44-51. (Nos. 54^62) school act. 

The duties and powers thus confided to the Town 
Superintendent are most important and involve great 
responsibility; and upon their proper fulfilment, depends 
in a very essential degree, the elevation and improvement 
of the district schools. If none but properly qualified 
teachers are permitted to find their way to our schools ; 
if the certificate of the examining officer, and the sanc- 
tion of his authority, are given only to those who areintel- 



TOWN SUPERINTENDENTS. 115 

lectually and morally fitted adequately to discharge the 
duties of instructors of youth, " apt to teach," competent 
to communicate instruction in the mode best adapted to 
develop the various faculties of the expanding mind, 
patterns alike of moral and social excellence ; these ele- 
mentary institutions will speedily become the fitting tem- 
ples of science, the nurseries of virtue, and the pride and 
boast of the state. Hitherto this duty has been deplora- 
bly neglected ; and the disastrous consequences are every 
where visible in the degradation of the district school, 
the substitution of private and select schools of every 
grade, the low estimation in which the profession of the 
teacher is held, and the miserable pittance — too often 
most costly in its utmost scantiness — which is reluctantly 
doled out to the needy and destitute adventurer. A tho- 
rough reform in this respect, is imperatively demanded as 
well by public sentiment, as by a just regard to the para- 
mount interests of education ; and no considerations of 
temporary convenience to a particular district, of favor 
to individuals, or of regard to the prejudices or preferences 
of inhabitants or trustees, will, it is hoped, hereafter be 
permitted in any case to sway the action of the certifying 
officer, or incline him, either to the right or the left, from 
the plain path of duty and obligation. A certificate 
should in no case, and under no circumstances, be granted, 
unless the candidate is found upon a careful examination, 
ivell qualified to instruct in all the ordinary branches usu- 
ally taught in common schools — thoroughly versed in the 
pri7iciples of elementary science — capable of readily ap- 
plying them to any given case, and able to communicate 
with facility, the results of his knowledge ; and unless in 
addition to this, his character and demeanor are irre- 
proachable, his habits exemplary, and his moral princi- 
ples undoubted. In order as well to be assured that the 
impressions resulting from the examination were well 
founded, as to make himself acquainted with the condi- 
tion and prospects of the schools, the Town Superintend- 
ent should, once at least during each term, visit and in- 
spect the schools ; and whenever practicable, should be 
accompanied by the County Superintendent, by the trus- 
tees of the districts and such of the inhabitants as may be 
prevailed upon to attend. It would be attended with the 



116 COMMON SCHOOL SYSTEM 

happiest effects upon the prosperity and advancement of 
the schools, if the Town Superintendent would annually 
make to the County Superintendent, a detailed report of 
the character and condition of the several schools within 
his town, and of the influences, prosperous or adverse, by 
which their administration during the current year had 
been distinguished. — Exposition of Young, Supt. 1843. 

The certificates of qualification granted by Town Su- 
perintendents are to remain in force for one year only ; 
are available only within the town for which they were 
granted ; may be annulled at any time by the officer grant- 
ing them, or his successor, giving ten days notice in writ- 
ing, of intention to annul the same, to the teacher and 
trustees, or by the County Superintendent, with the con- 
sent of the Town Superintendent, without such notice, 
and is to be in the form prescribed by the department. 

By ^^ 52 and 53 of the school act, (Nos. 63, 64,) it is 
made the duty of the Town Superintendent to visit all such 
common schools, within his town, as shall be organized 
according to law, at least once a year, and oftener if he 
shall deem it necessary,. At such visitation he is required 
to examine into the state and condition of such schools, 
both as respects the progress of the scholars in learning, 
and the good order of the schools; and may give his 
advice and direction to the trustees and teachers of such 
schools as to the government thereof, and the course of 
studies to be pursued therein. 

" If the opinions of the best and most experienced 
writers on primary education, are not entirely fallacious; 
and if all the results of experience hitherto are not decep- 
tive, the consequences of such a vigorous system of 
inspection will be most happy. The teachers and pupils 
will feel that they are not abandoned to neglect ; the 
apprehension of discredit will stimulate them to the 
greatest effort ; while the suggestion of the visitors will 
tend constantly to the improvement of the schools, and 
they will themselves be more and more enabled to recom- 
mend proper measures from their better acquaintance with 
the subject." — Instructions of Spencer, SupH, 1841. 

A certificate cannot be annulled by the Town Superin- 
tendent until ten days' previous notice in writing has been 
given to the teacher and to the trustees of the district in 



TOWN SUPERINTENDENTS. 117 

which he has been employed, of the intention to annul 
the same. As the complaint must necessarily be stated, 
and its truth investigated before any decision, it would 
be more convenient to the Town Superintendent, and 
more fair and just to the teacher, to apprise him of its 
nature, in the notice of intention to annul. 

The power of annulling, in all cases, is given to the 
County Superintendent, with the concurrence of the Town 
Superintendent. 

Certificates of qualification granted by Town Superin- 
tendents to teachers, must, in all cases, be in conformity 
to the form prescribed by the Superintendent of Common 
Schools. They cannot be granted upon the ground of abi- 
lity to teach a particular school, for a particular term, or 
in a particular district. When granted in the form pre- 
scribed by the Superintendent, they authorize the holder 
to teach any school in the town for which they were 
granted, during any part of the year commencing at their 
date. 

The examination of candidates for teachers should, in 
all cases, be thorough and strict ; and no certificate should 
be granted unless the examining officer is satisfied as to 
all the qualifications required by law. " A certificate of 
qualification in any other form than that prescribed by the 
Superintendent, is not a compliance with the statute ; as 
for instance, that A. B. gave the examining officer good 
satisfaction in certain enumerated branches, and that his 
moral character is good. The law authorizes him to give 
a certificate in a certain event, and then it must be in the 
form specified. If he is satisfied as to the qualifications 
of the teacher, in respect to moral character, learning and 
ability, he is bound to give him such a certificate as the 
Superintendent shall have prescribed. If he is not satis- 
fied he should give him no certificate at all. He is wholly 
unauthorized to t-ake a middle course by giving a qualified 
certificate.^^ — Per Dix, SwpH of Com. Schools, Dec. 236. 

The certificate must also bear date on the day of exami- 
nation, and cannot be ante-dated. 

Certificates of qualification to candidates for teachers 
in joint districts, may be granted and annulled by the 
Town Superintendents of either of the towns from parts 
of which such joint district is composed. In such cases, 



118 COMMON SCHOOL SYSTEM, 

however, a certificate granted by the Town Superintend- 
ent of one town should not be annulled by the Superin- 
tendent of another having concurrent jurisdiction, unless 
iipon strong and decisive proof of incompetency or immo- 
rality ; nor, on the other hand, should an application for 
examination be entertained by the Town Superintendent 
of either town, unless upon satisfactory proof that such 
application is original, and that the candidate for exami- 
nation has not within three months prior to such applica- 
tion been examined and rejected by any officer of concur- 
rent jurisdiction. 

The qualifications of teachers are left to the discrimina- 
tion and judgment of the legal examiners. They must 
determine the degree of learning and ability necessary 
for a teacher. They ought to be satisfied that a certificate 
is given to those only whose learning and ability fit them 
in all respects to instruct common schools. In revising 
the school law the revisers inserted a provision that no 
candidate for teaching should be deemed qualified, unless 
upon examination he should appear to be well instructed 
in reading, orthography, penmanship, English grammar, 
geography and arithmetic, including vulgar and decimal 
fractions." This provision however, was stricken out by 
the legislature, and the whole matter is left discretionary* 
Com. School Dec. 42. 

In judging of the moral character of a candidate for 
teacher, if the examining officer knows of any serious im- 
putation or defect of principle, it is his duty to refuse to 
certify. A certificate may be annulled for immoral habits 
generally, notwithstanding the teacher may perform all 
his duties during school hours. — Id. 46. 

In relation to the moral character of the teacher, much 
is left to the discretion of the examing officer. He must 
be satisfied that it is good, because he has to certify to its 
correctness. On this point what would be satisfactory to 
one man might be unsatisfactory to another. Every person 
has a right to the enjoyment of his own religious belief 
without molestation ; and the examining officer should 
content himself with inquiries as to the moral character 
of the teacher, leaving him to the same liberal enjoyment 
of his religious belief that he asks for himself. If how- 
ever, a person openly derides all religion, he ought not to 



TOWN SUPERINTENDENTS. 119 

be a teacher of youth. The employment of such a per- 
son would be considered a grievance by a great portion of 
the inhabitants of all the districts. — Per Flagg, Sup^t 
Id. 60. 

Neither the trustees nor the inhabitants of school dis- 
tiicts are the judges of the qualifications of teachers. The 
law has confided the power of examining teachers to 
officers expressly designated for that purpose ; and its 
object was to secure the employment of competent per- 
sons. If the trustees or inhabitants are to determine 
what their districts require, and the certifying officers are 
to be governed by their opinions and wishes, the officers 
themselves might as well be dispensed with. In his an- 
nual report to the legislature for the year 1S35, the Super- 
intendent of Common Schools (Gen. Dix) observes : " One 
of the most responsible and delicate trusts to be executed 
under the common school system is that of inspecting 
teachers and pronouncing upon their qualifications. If 
this is negligently conducted or with a willingness to 
overlook deficiencies, instead of insisting rigidly upon the 
requirements of the law, it is manifest that men without 
the necessary moral character, learning or ability, will 
gain a foothold in the common schools, and present a seri- 
ous obstacle to the improvements of which they are sus- 
ceptible. This would be an evil of the greatest magni- 
tude, and there is no remedy for it but a strict inspection 
of the candidates, [t has been the practice in some in- 
stances for the inspectors to have a reference to the parti- 
cular circumstances of the cases in giving a certificate. 
Thus they have sometimes given an individual a certifi- 
cate with a view to a summer school, in which the children 
taught are usually smaller and require less of the teacher, 
when the certificate would have been withheld, if it was 
asked with a view to qualify the teacher for a winter school. 
But it is obvious that such a distinction is wholly inad- 
missible. A certificate must be unconditional, by the 
terms of the law. The inspectors must be satisfied with 
the qualifications of the teacher " in respect to moral 
character, learning and ability ;" and the certificate when 
once given is an absolute warrant for the individual to 
teach for a year, and to receive the public money, unless 
revoked before the expiration of the year, in which case 



120 COMMON SCHOOL SYSTEM 

it ceases to be operative from the date of its revocation. 
The standard of qualification for teachers, so far as grant- 
ing certificates is concerned, is of necessity, arbitrary. 
The law does not prescribe the degree of learning or 
ability which a teacher shall possess, but virtually refers 
the decision of this important matter to the inspectors, 
who have not, neither should they possess the power of 
relaxing the general rule with reference to the circum- 
stances of any particular case, by departing from the 
standard of qualification which they aesume as their 
Sfuide in others." — Id. 326. 



IV. ANNUAL REPORT OF THE TOWN SUPERINTENDENT. 

By § 29 (No. 35) of the school act, and the succeeoing 
sections, it is made " the duty of the Town Superintend- 
ent in each town, between the first day of July and the 
first day of August, in each year, to make and transmit to 
the county clerk, a report in writing bearing date on the 
first day of July, in the year of its transmission, and 
stating, 

: ,: 1. The whole number of school districts and neighbor- 
hoods, separately set off' within their town : 

2. The districts, parts of districts, and neighborhoods, 
from which reports shall have been made to him, or his 
immediate predecessors in office, within the time limited 
for that purpose : 

3. The length of time a school shall have been kept in 
each of such districts or parts of districts, distinguishing 
what portion of that time the school shall have been kept 
by qualified teachers : 

4. The amount of public moneys received in each of 
such districts, parts of districts and neighborhoods : 

5. The number of children taught in each, and the 
number of children over the age of five and under sixteen 
years, residing in each : 

6. The whole amount of moneys received by him or 
his predecessors in office, during the year ending at the 
date of his report, and since the date of his last preceding 
report ; distinguishing the amount received from the 
county treasurer, from the town collector, and froni any 
other and what source : 



TOWN SUPERINTENDENTS. 121 

7. The manner in which such moneys have been ex- 
pended, and whether any, and what part, remains unex- 
pended, and for what cause : 

S. The amount of money paid for teachers' wages, in 
addition to the public money paid therefor, in the dis- 
tricts, parts of districts and neighborhoods from which re- 
ports shall have been received by him or his immediate 
predecessors in office, with such other information as the 
Superintendent of Common Schools may from time to time 
require, in relation to the districts and schools within his 
town. 

Under this provision the Superintendent has required the 
following additional items of information to be comprised 
in such annual reports of the Town Superintendents : 

1. The number of times the school in each district has 
been inspected by the County and Town Superintendents, 
to be taken from the abstract furnished by the trustees : 

2. The number of volumes in the library of each dis- 
trict, as returned by the trustees : 

3. The amount of money expended in each school dis- 
trict for teachers' wages, besides and beyond the public 
money apportioned to such district ; that is, they will con- 
dense from the reports of the trustees the amount paid by 
individuals, on rate-bills or otherwise, and the amount 
collected from any local funds : 

4. The school books in use in their respective towns. 
This will be compiled from the reports of the trustees, in 
which the title of each book, and the aggregate number 
reported in all the districts will be stated : 

5. The number of joint districts, the school-houses of 
which are situated wholly or in part in their town : 

6. Whether any fines or penalties have been collected 
by them, and the amount, as herein before required : 

7. The attendance of pupils in the several district 
schools for the following different terms, viz : 

Those who attended less than two months ; 

two months and less than four ; 
four months and less than six ; 
six months and less than eight ; 
eight months and less than ten; 
ten months and less than twelve ; 
twelve months : 



122 COMMON SCHOOL SYSTEM 

8. The number of select and private schools in their 
town, other than incorporated seminaries, and the aver- 
age number of pupils therein, as stated in the reports of 
the trustees of the several districts : 

9. They are also required to condense, from the reports 
of the several trustees, the number of schools for colored 
children taught in their town, specifying the districts in 
which such schools have been taught, the number of 
colored children, between the ages of five and sixteen, 
attending such schools ; and the amount of public money 
apportioned to the respective districts from which such 
children attended, specifying such districts. 

The most common mistake committed by the Town 
Superintendents is in their report of the moneys received 
by them, or their predecessors, since the date of the last 
report. They often confound this money with that received 
by trustees of districts, which is an entirely different item. 
This last item is received on the first Tuesday of April, 
and reported by the trustees on the first of January fol- 
lowing, and is embodied in the report of the commission- 
ers among the abstracts of the trustees' reports, in the 
columns headed " amount of money received in each 
district." But the money received by the Town Super- 
intendents is that paid to them by the county treasurer 
and town collector after the first of January, and appor- 
tioned by them on or before the first Tuesday in April, 
and is not contained in the reports of the trustees. 

In making their annual reports the Town Superintend- 
ents should see that the several columns of their table are 
correctly footed, and the figures plainly and distinctly 
made. 

Town Superintendents neglecting to make such report 
within the limited period, forfeit severally to their town, 
for the use of the common schools therein, the sum of ten 
dollars ; and the share of school moneys apportioned to 
such town for the ensuing year, may, in the discretion of 
the Superintendent of Common Schools, be withheld, and 
be distributed among the other towns in the same county, 
from which the necessary reports shall have been received. 
When the share of school moneys apportioned to a town 
shall thus be lost to the town by the neglect of the Town 
Superintendents, the officer guilty of such neglect forfeits 



TOWN SUPERINTENDENTS. 123 

to his town the full amount, with interest, of the moneys so 
lost. It is the duty of the supervisor of the town, upon 
notice of such loss, from the Superintendent of Common 
Schools, or county treasurer, to prosecute without delay in 
the name of the town, for such forfeiture ; and the moneys 
recovered are required to be distributed and paid by such 
supervisor to the several districts, parts of districts, or 
separate neighborhoods of the town, in the same maner 
as it would have been the duty of the Town Superintend- 
ent to have distributed and paid them, if received from 
the county treasurer.— 4-^ 31, 32, 33. (No. 39-41.) 

V PENALTIES AND FORFEITURES TO BE COLLECTED BY TOWN 
SUPERINTENDENTS. 

By subdivision 8 of ^ 20, Rev. Stat. (No. 24,) the Town 
Superintendent is to sue for and collect by his name of 
office, all penalties and forfeitures imposed by the title 
relating to common schools, where no other provision is 
made. Under this provision he is to prosecute for the sum 
of ten dollars, forfeited by each Town Superintendent 
neglecting to make an annual report, imposed by ^ 31, 
R. S. (No. 39.) The forfeiture of an amount equal to 
that lost by his neglect, imposed by § 33, (No. 40,) is to 
be sued for by the supervisor. He is also to prosecute for 
the penalty of one hundred dollars, imposed by § 38, (No. 
46,) upon his predecessors for refusing to render an ac- 
count, or neglecting to pay over a balance on hand ; also 
for the penalty of five dollars prescribed by ^ 58, (No, 
69,) upon the refusal or neglect of any inhabitant of a 
district to serve the notice of the first meeting ; the same 
penalty for altogether refusing to serve in a district office ; 
and the penalty of ten dollars for neglecting to perform 
the duties of a district office, not having refused to accept 
the same. This last penalty must be distinguished from 
that imposed by ^ 6 of the act of May 3, 1839, (No. 166.) 
That given by No. 100, (^ 72,) is to be recovered for 
wholly neglecting to perform the duties of a district office, 
which the incumbent has colorably accepted ; see 6 Cowen, 
479 ; while the forfeiture prescribed by No. 166, [^ 6, act 
of May 3, 1839,) is for the neglect of any specific duty, 
and may be collected for any one wilful omission ; and the 
latter is to be sued for by the supervisor of the town. 



124 COMMON SCHOOL SYSTEM. 

He is also to prosecute for the penalty of twenty-five 
dollars imposed by ^ 96, R. S. (No. 145,) upon every 
trustee who signs a false report, with the intent of obtain- 
ing an unjust proportion of the school moneys of the town. 
Justice to the several districts requires that the Town Su- 
perintendents should be vigilant in detecting such errors, 
and in applying the remedy provided by law, in all cases 
where they arise from design. 

The sums collected by him in suits for penalties, after 
deducting his costs and expenses, are to be added to the 
school moneys received by him during the year, and ap- 
portioned among the several districts. 

VI. MISCELLANEOUS DUTIES. 

By ^ 34, (No. 42,) and the succeeding sections, the 
Towm Superintendent in each town is required to keep a 
just and true account of all school moneys received and 
expended by him during the year for which he shall have 
been chosen, and to lay the same before the board of audi- 
tors of the accounts of other town officers at the annual 
meeting of such board in the same year. Within fifteen 
days after the termination of his office he is required to 
render to his successor in office a just and true account, in 
writing, of all school moneys by him received, before the 
time of rendering such account, and of the manner in 
which the same shall have been appropriated and expended 
by him ; and the account so rendered is to be delivered 
by such successor in office to the town clerk, to be filed 
and recorded in his office. If, on rendering such account, 
any balance shall be found remaining in the hands of 
the Town Superintendent, the same is immediately to be 
paid by him to his successor in office. If such balance, 
or any part thereof, shall have been appropriated by the 
Town Superintendent to any particular school district, 
part of a district or separate neighborhood, and shall remain 
in his hands for the use thereof, a statement of such ap- 
propriation is required to be made in the account so to be 
rendered, and the balance paid to such successor in office, 
to be paid over by him, according to such appropriation. 
Every Town Superintendent of common schools, who shall 
refuse or neo^lect to render such an account as is above 



TOWN SUPERINTENDENTS. 125 

required, or who shall refuse or neglect to pay over to his 
successor in office, any balance so found in his hands, or 
to deliver a statement of the appropriation, if any there 
be, of such balance, for each offence, forfeits the sum of 
one hundred dollars. It is the duty of such successor in 
office to prosecute, without delay, in his name of office, 
for the recovery of such forfeiture, and to distribute and 
pay the moneys recovered, in the same manner as other 
school moneys received by him. Such, successor in office 
may bring a suit in his name of office, for the recovery, 
with interest, of any unpaid balance of school moneys 
that shall appear to have been in the hands of any previ- 
ous Town Superintendent on leaving his office, either by 
the accounts rendered by such Town Superintendent, or 
by other sufficient proof. In case of the death of such 
Town Superintendent, such suit may be brought against 
his representatives, and all moneys recovered are to be 
applied in the same manner as if they had been paid 
over without suit. 

By § 42, the Town Superintendent of common schools 
in each town, has the powers and privileges of a corpora- 
tion, so far as to enable him to take and hold any property 
transferred to him for the use of common schools in such 
town. 

A mere transfer of vouchers or receipts, by a Town 
Superintendent, on the expiration of his official term, is 
not such an account as the law contemplates. There must 
be a written statemetit of the amount of moneys received, 
appropriated, and expended by him; and this statement 
must be filed and recorded by the town clerk. — Com. School 
Dec. 189. 

The written approbation of the Town Superintendent 
is, by the 13th section of the act of 1843, (No. 134) made 
requisite to the validity of any second or subsequent 
renewal of a school district warrant for the collection of 
a tax list or rate bill. This approbation should be granted 
only where a satisfactory excuse is shown for the omis- 
sion to collect the amount specified in the warrant within 
the time prescribed by law, and extended by one renewal ; 
taxes and rate bills should be promptly collected ; and in 
ordinary cases sixty days affords ample time for this pur- 



126 COMMON SCHOOL SYSTEM. 

pose; and further indulgence should in no case be granted 
excepting under special and peculiar circumstances. 

By ^ 64 (No. 83) of the school act, it is provided that 
" no tax to be voted by a district meeting, for building, 
hiring or purchasing a school-house shall exceed the sum 
of four hundred dollars, unless the Town Superintendent 
of common schools of the town in which the school- 
house is to be situated, shall certify in writing, his 
opinion that a larger sum ought to be raised, and shall 
specify the sum; in which case, a sum not exceeding the 
sum so specified shall be raised." And by O of chap. 
44, Laws of 1831, (No. 85,) " Whenever a school-house 
shall have been built or purchased for a district, the site 
of such school-house shall not be changed, nor the build- 
ing thereon be removed, as long as the district shall remain 
unaltered, unless by the consent, in writing, of the Town 
Superintendents of Common Schools, ' of the t jwn or 
towns within which such district shall be situated, stating 
that in their opinion such removal is necessary ; nor then, 
unless two-thirds of all those present at a special meeiing 
of such district, called for that purpose, and qualified to 
vote therein, shall vote for such removal and in favor of 
such new site." 

Town Superintendents are bound to furnish answers to 
all appeals brought from any of their proceedings. — Com. 
School Dec. 187. 

Where a school district is established by the County or 
State Superintendent on appeal, Town Superintendents 
have no power to alter, modify or dissolve the same, with- 
out express authority from such County or State Superin- 
tendent : nor can they, without such authority, re-establish 
a district, or re-publish an order after their proceedings in 
the same matter have once been set aside on appeal. 

Where any school district office is vacated by the death, 
refusal to serve, removal out of the district, or incapacity 
of any officer, and the vacancy occasioned thereby shall 
not be supplied by a district meeting, within one month 
thereafter, the Town Superintendent may appoint any 
person residing in the district to supply such vacancy, ^ 
99 (No. 71.) If, however, the district, by election, fills 
the vacancy after the expiration of the month, and prior 
to the action of the Town Superintendent, such election 



TOWN SUPERINTENDENTS. * 127 

is valid, and the Town Superintendent cannot subse- 
quently make an appointment. — Com. School Decisions. 
179. 

By ^ 33 of the act of 1841, (No. 167) it is provided that 
"In any suit which shall hereafter be commenced against 
Town Superintendents of Common Schools, or officers of 
school districts, for any act performed by virtue of, or 
under color of, their offices, or for any refusal or omission 
to perform any duty enjoined by law, and which might 
have been the subject of an appeal to the Superintendent, 
no costs shall be allowed to the plaintiff in cases where 
the court shall certify that it appeared on the trial of the 
cause that the defendants acted in good faith. But this 
provision shall not extend to suits for penalties, nor to suits 
or proceedings to enforce the decisions of the Superintend- 
ent." 

By ^ 6 of chap. 330 of Laws of 1839, (No. 166,) 
"Town Superintendents of common schools, and trustees 
and clerks of school districts, refusing or wilfully neglect- 
ing to make any report, or to perform any other duty 
required by law, or by regulations or decisions made under 
the authority of any statute, shall severally forfeit to their 
town, or to their district, as the case may be, for the use 
of the common schools therein, the sum of ten dollars for 
each such neglect or refusal, which penalty shall be sued 
for and collected by the supervisor of the town, and paid 
over to the proper officers, to be distributed for the benefit 
of the common schools in the town or district to which 
such penalty belongs; and when the share of school or 
library money apportioned to any town or district, or any 
portions thereof, or any money to which a town or school 
district would have been entitled, shall be lost in conse- 
quence of any wilful neglect of official duty by any Town 
Superintendent of common schools, or trustees or clerks 
of school districts, the officers guilty of such neglect shall 
forfeit to the town or district the full amount, with inter- 
est, of the moneys so lost ; and they shall be jointly and 
severally liable for the payment of such forfeiture." 



12S COMMON SCHOOL SYSTEM. 



FORMS PRESCRIBED AND RECOMMENDED BY THE SUPERINTENDENT 
OF COMMON SCHOOLS FOR THE USE OF TOWN SUPERINTENDENTS. 

1. Form of Bond to be given by the Town Superintendent to the 
Supervisor, within ten days after his election or appointment. 

Know all men by these presents, that we A. B,, C. D., and E. F., 

of the town of in the county of are held and firmly bound 

to J. K. Esq., Supervisor of said town, in the penal sum of [double 
the amount of school money received in said town from all sources 
during the preceding year,] to be paid to the said J. K. or his suc- 
cessor in office; to the which payment, well and truly to be made, 
we bind ourselves and our legal representatives, jointly and seve- 
rally, firmly by these presents. Witness our hands and seals this 
day of June, 1843. 

Whereas the said A. B. has been duly elected [or appointed] 

Town Superintendent of Common Schools for the said town of, : 

Now therefore, the condition of this obligation is such, that if the 
said A. B. shall faithfully apply and legally disburse, all the school 
money which may come into his hands during his term of office as 
such Town Superintendent, then this obligation to be null and voidj 
otherwise to remain in full force and virtue. 

Signed, sealed and deli- ^ A. B. [l. s.] 

vered in presence of > C. D. [l. s.] 

) E. F. [L. s.] 

(Endorsement.) " I hereby approve of C. D. and E. F. as sure- 
ties to the within bond." J. K. 

2. Form of a resolution creating a New District, 

At a meeting, &c. 

Resolved, That a new school district be formed, to consist of [the 
present Districts No. 1 and No. 2; or the present District No. 1 and 
a part of District No. 2; or parts of Districts No. 1 and No. 2, as 
the case may be,] which said new district shall be numbered [23,] 
and shall be bounded as follows: [on the north by the north line of 
the town of Trenton: on the east by the easterly line of the farms 
and lots of land now occupied by Thomas Jones, William Thomas, 
&c. ; on the south by the south Une of lots No. 56, 57 and 58, as de-' 
signated on the map of said town ; and on the west by the westerly 
line of the farms and lots now occupied by A, B, C, D, &c.] 

The formation of the aforesaid district, involving an alteration of 
District No. [1 and No. 2,] the consent of the trustees of the said 
districts to such alteration has been presented to the Town Superin- 
tendent, and filed with the town clerk. [Or, if such consent has not 
been given, the following entry should be made: The formation of 
the aforesaid district, involving an alteration of districts No. 1 and 

2, and the consent of the trustees of District No. 1 to such altera- 
tion not having been given, it is ordered that a notice in writing of 
the said alteration, signed by the Town Superintendent, be served 
on one of the trustees of the said district, by the clerk of the tovra 
Superintendent.] 



TOWN SUPERINTENDENTS. 129 

2. The consent of the trustees of the altered district may be given 
by endorsing it on a copy of the order, as follows: 

We hereby consent to the alterations made in District No. 1, in 
the town of Trenton, by the order of which the within is a copy. 
Dated, &c. 

77' r»' ( Trustees of district 

E. Y. \ ^o- '■ 

This consent, like all other acts of trustees, should be given at a 
meeting of the whole, or a majority, when all have been notified to 
attend. The statute does not require it to be in writing; but it is 
advisable to prevent disputes, that a written consent should be filed 
with the town clerk 

3. Form of notice to trustees not giving their consent to an altera' 
Hon of their district . 

The Trustees of District No. 1, in the town of Trenton will take 
notice, that an order was made this day by the Town Superinten- 
dent of Common Schools of the said town, of which the following 
is a copy, by which certain alterations in the said district are made, 
as will appear by the said order; and that such alterations will take 
eliect after three months from the service of this notice. Dated, &c. 
G. H., Town Superintendent of Common 
Schools of the town of Trenton. 
[Here insert copy of order of Town Superintendent.] 
This notice may be served on any one of the trustees ; and it will 
be found useful to have an acknowledgement of the service by the 
trustee receiving the notice, endorsed on a copy of it, and filed with 
the town clerk, 

4. Notice of the First Meeting in a District to organize. 

This is required by law to be giv^en within twenty days after the 
formation of any district. If the consent of the trustees of the dis- 
tricts interested has been given to the alterations covered by the or- 
der, then the notice should be for a day as early as may allow suffi- 
cient time for general information. But if it be necessary to give 
notice of the alteration to the trustees of any district, then the no- 
tice for the first meeting should specify a day subsequent to the ex- 
piration of three months after service of the notice of alteration, be- 
cause the district cannot organize until after that time. 

The notice may be in the following form : 
To , a taxable inhabitant of District No. 23, in the town 

of Trenton. 

The Town Superintendent of Common Schools of the town of 
Trenton, having by an order, of which the following is a copy, 
formed a new district in the said town to be numbered 23, consist- 
ing of the territory particularly specified in the said order; you are 
hereby required to notify every inhabitant of the said district quali- 
fied to vote at district meetings, to attend the first district meeting 
of the said district, which is hereby appointed to be held at the 
house of in the said town, on the day of next, at 6 

9 



130 COMMON SCHOOL SYSTEM. 

o'clock in the afternoon, by reading this notice in the hearing of 
each such inhabitant, or in case of his absence from home, by leav- 
ing a copy of this notice, or of so much thereof as relates to the 
time and place of such meeting, at least six days before the said 
time so appointed for the said meeting, Dated, &c. 

A. B., Town Superintendent of Common 
Schools of the town of Trenton. 

A copy of the order forming the district should be annexed to 
this notice, as the most convenient mode of describing the district, 
and most likely to prevent errors. 

The inhabitant serving the notice should keep a memorandum of 
the names of the persons notified by him, specifying the manner of 
notifying, whether by reading or leaving a copy, or the substance 
of the notice, at the place of abode of any absent voter; and this 
memorandum, certified by him, should be delivered to the chairman 
or clerk of the district meeting and read, that it may be ascertained 
whether notice has been duly given so as to justify the voters in 
proceeding to the transaction of business; and the original notice 
and return should be filed with the district clerk, as evidence of the 
regularity of the organization. 

0. Form of order by Town Superintendent to Trustees, on the 
appraisal and apportionment of the value of the school-house and 
other property of a district, on the formation of a new district. 

To the Trustees of District No. in the town of : 

The Town Superintendent of Common Schools of said town, hav- 
ing formed a new district, numbered as District No. 23, to which 
certain persons belonging to your district have been attached, and 
having valued the school-house and other property belonging to 
your district at 150 dollars, I do determine that the amount justly 
due to such new district is fifty dollars apportioned to the several 
persons set oflf, as follows: To A. B, 20 dollars, CD. 15 dollars, 
E. F. 10 dollars, G, H. 5 doUars. 

You are Jtherefore, according to the statute relating to common 
schools, to levy and collect the sum of fifty dollars, from the taxa- 
ble inhabitants remaining in District No. after the alteration al- 
luded to, and pay the same to the Trustees of said new District 
No. 23. 

Given under my hand at this day of 18 

A. B. Town Superintendemt. 

6. By § 4 of the act of May 26, 1841, (No. 96,) a similar ap- 
praisal of the property belonging to a dissolved district is to be made; 
as in that case, by the previous section 3, (No. 95,) the new or al- 
tered district succeeds to the rights of the dissolved or annulled dis- 
trict, in such property as falls within such new or altered district. 
The proceedings and forms for such appraisal will be like those al- 
ready given on the formation of a new district. 



TOWN SUPERINTENDENTS. 131 

7. Form of a resolution for the alteration of a district. 

At a meeting of, &c., 

Resolved^ That districts number 1 and number 2, in the said town, 
be altered as follows, viz: by setting oflf the farms and parcels of 
land occupied by John Brown, Thow.as Jones and William Rich- 
ards, from District number one, in which they have heretofore been 
included to District number two; so that the east boundary of Dis- 
trict number one shall hereafter be the easterly line of the farms and 
parcels of lands occupied by A. B, C. D. &c., and the westerly 
boundary of district number two shall be the westerly lines of the 
farms and parcels of land occupied by the said John Brown, Tho- 
mas Jones and William Richards; the said John Brown having 
consented to be set off as aforesaid. The written consent of the 
trustees of the said districts number one and two, having been pre- 
sented to the Town Superintendent, is filed with the town clerk; 
[or. The consent of the trustees of the said districts respectively, 
(or of district No. 1 or 2, as thecasemay be,) nothavingbeen given 
to the said alteration, it is ordered, that a notice in writing of such 
alteration, signed by the Town Superintendent, be served by the 
clerk, on some one of the trustees of each of the said districts, (or 
of district No. 1 or 2.)] 

In the above form, it will be seen that the new boundaries of the 
districts, caused by the alteration, are given. This is deemed very 
necessary in order to prevent all mistake or ambiguity, and to pre- 
serve a continual record of the actual bounds of the districts. If 
any of the persons set off consent to the alteration, it should be 
stated, so that the trustees may know whether he is taxable for 
building a school- house. 

The consent of trustees to the alteration, and in case of their not 
consenting, the notices to them, will be as before given under the 
2d and 3d heads. 

8. Proceedings in the formation or alteration of a Joint District^ 
from two or more towns. 

The proceedings in the formation of a joint district will be in all 
respects similar to those previously given in relation to ordinary ca- 
ses, with the following additions : 

As there is no clerk assigned by law to the joint meeting, the offi- 
cers present should sign the proceedings. 

The caption should give the names of the towns to which the 
Town Superintendents belong; and the resolutions should be recor- 
ded in each of those towns. 

9. Form of certificate to Teacher by Town Superintendent. 

I hereby certify that I have examined A. B. and do believe that 
he [or she] is well qualified, in respect to moral character, learning 
and ability, to instruct a common school in this town for one year 
from the date hereof. 

Given under my hand at this day of 18 . 

CD., Town Superintendent of Com- 
mon Schools for the town of 



162 COMMON SCHOOL SYSTEM. 

10. Form of instrument annulling a Teacher's Certificate. 

Having inquired into certain complaints against A. B., heretofore 
licensed as a teacher of common schools of said town, and being of 
opinion that he, the said A. B., does not possess the requisite quali- 
fications as a teacher, in respect to moral character, [or " in res- 
pect to learning," or " in respect to ability in teaching," as the case 
may be,] and having given at least ten days' previous notice in wri- 
ting to said teacher, and to the trustees of the district in which he 
is employed, of the intention so to do, I have annulled and hereby 
do annul the said certificate and license so granted as aforesaid. 

Given under my hand this day of 184 . 

CD., Town Superintendent 
of Common Schools. 

As a note in writiftg, containing the name of the teacher, and the 
time when his certificate was annulled, must be filed in the town 
clerk's office, to give it effect, the most convenient and effectual 
mode of complying with the law, will be to make out, sign and file 
a duplicate of the instrument itself. 

11. Form of the Annual Report of the Town Superintendent of 
Common Schools, to be made to the County Clerk. 

I, A. B., Town Superintendent of common schools of the town 
of in the county of in conformity to the statutes in rela- 

tion to common schools, do report: that the number of entire school 
districts in said town, organized according to law, is [eight,} and 
that the number of parts of school districts in said town, is [five} ; 
that the number of joint districts, the school-houses of which are 
situated wholly or partly in said town, is [three] ; that the number 
of entii-e districts from which the necessary reports have been made 
for the present year, within the time limited by law, is [eight,] and 
that the number of parts of districts from which such reports have 
been made, is [five.] That the number of schools for colored chil- 
dren taught in said town during the year aforesaid, for four months 
or upwards, by a duly qualified teacher, was [two.] 

And I do further certify and report, that the whole amount of mo- 
ney received by me, or my predecessors in office, for the use of 
common schools, during the year ending on the date of this report, 
and since the date of the last report, for said town, is $ of^i'hich 
sum the part received from the county treasurer is $ the part 
from the town collector is $ and that we have collected the sum 
of $ for penalties (if any has been collected,) [and if there be 
any other source from which any part has been received, here state 
it particularly .] That the said sum of money has been appor- 
tioned and paid to the several districts from which the necessary re- 
ports were received, for the purposes and in the proportions follow- 
ing, viz: the sum of $ for the payment of teachers' wages, and 
the sum of $ for the purchase of district libraries. That the 
sum of $ was apportioned by me to district No. for co- 

lored children in said district between the ages of 5 and \Q years, 
who have attended a school taught in district No. in said town, 
by a duly qualified teacher, for' four months during the preceding 



TOWN SUPERINTENDENTS. 



133 



yearj and $ to district No. for colored children so attend- 
ing in said district; and that I have deducted the said several 
amounts from the sums by me apportioned to the said districts Nos. 
and respectively. And I further certify that during the year 
before mentioned, I have not collected any fines, penalties or for- 
feitures: [or, And I further certify that during the year before men- 
tioned, I have collected a penalty of $25, imposed on A. B. a trus- 
tee of district No. in said town, for signing a false report; and 
that my costs and charges in such collection amounted to $ ; and 
that the balance of such penalty was by me added to the school 
money received by me and apportioned as above mentioned.] That 
the school books most in use in the common schools of said town 
are the following, viz : [here specify the principal books reported 
by the several trustees. '\ And I further certify the tables following, 
to be true abstracts from the reports of the trustees of the several 
disti'icts and parts of districts as aforesaid: 



Districts and 
parts. 


Districts & parts 
of districts from 
■which reports 
have been made. 


Whole length of 
time any school 


Length of time 
such school has 


Amount of money re- 
ceived by districts. 


has been kept 
therein. 


been kept by li- 
censed teachers. 


For teach- 
ers' wages. 


For libra- 
ries. 


Months. 


Days. 


Months. 


Days. 


Dols. Cts. 


Dols. Cts. 


No. •••• 

m 

f 

V 

a 
m 

a 


1 
2 
3 
4 
5 
6 
7 
8 


6 
4 
8 
8 
6 
4 
4 
9 

10 
6 
6 
3 

8 


12 

12 
6 

6 


3 

4 
8 
4 
6 
4 
4 
4 

10 
3 
6 
3 

8 


12 

6 
6 


10 30 
17 88 
16 76 
21 61 
21 21 
16 06 

11 51 
14 54 

9 70 
4 65 
8 48 
8 18 
8 79 


5 16 

8 94 
7 88 
10 76 
10 62 

5 04 

6 76 

7 27 

4 85 
2 27 
4 24 
4 09 
4 39 


PARTS OF 
DISTRICTS. 


9 
10 
11 
12 
13 


Total, .| 13 


83 


35 


66 


23 


168 47 


84 26 



[^Continuation of Table on next page. '\ 



134 



COMMON SCHOOL SYSTEM. 



Ul 'blOA JO -b^j 






•Sufpaai 
-IB Slid rid JO -o^ 






•s\ooqDs 
aiBAUd puB loai 
-3S 'jo jaquunfj 


* 




•sqiaoui CI 






•CI UBqi 
SS8X 3? sqjuoui 01 






•01 UBqi 
SS31 puB sqiuoui 8 




•8 UBqi 
SS91 pUB sq;uocu9 






•9 UBqi 
ss3ipaB sqiuorair 






'f UBqi 
ssaxpuBsq^uoui c 






soui 5 uBqi ssai 
papuaijB 8ABq 
oqAV siidnd jo 'o^ 






•jnapnaiuuad 
-ns UA\oi Aq'paj 
•isiA sauiTj JO •oM 






•:dns 
•OD Aq paiis 

•TA S9tUll JO •oj^ 






•iau 
-oui •qnd sapis 
-aqsiooqos p^ioo 
UT s32ba\ (Siaqo 
-B3J JOJ pxBd -luiv 






•siooqos 
paioioo Saipuaj 
-jBu^piiqo uioij 
psATSoai Aauoui 
oiiqrid JO innottiv 






•siooqos p3iox 
-co ui iqSnBj 

91 0/ 9 U33AV13q 

uajpitqo JO •of^ 






•sAsnora 
oi^qtid saptsaq 

Sd3ba\ jSJ3q6B3J 

JOJ piBd ;nnoaiv 






•lou^sip qoBa 
nt 91 lapun puB 
g jaAO 'op JO -o}^ 






•jqSnBi 
usjpiiqo JO -o^i 






•SPUJSTP JO OM. 


•sxoiHisia 


•SlDIHXSia 
MO SXHYd 





CO 

o 

o 
O 



•§1 

eiJ c 
•a £ 



c ■ 



CHAPTER III. 



POWERS AND DUTIES OF INHABITANTS OF SCHOOL DISTRICTS. 

By § 62 (No. 78) of the school act, it is provided th^it 
** an annual meeting shall be held at the time and place 
previously appointed ; and at the first district meeting, and 
at each annual meeting, the time and place of holding the 
next annual meeting shall be fixed." 

Annual meetingsneed not be precisely one year apart. 
The time may be a few days or weeks more or less than 
a year, if the inhabitants think it necessary. For in- 
stance, an annual meeting held on the Jlrst Tuesday of 
October may be adjourned to the second Tuesday of Octo- 
ber of the 2iext year. The propriety of the act in every 
case musi depend upon the circumstances attending it. 
No general rule as to the extent of the variation from a 
year can be laid down as applicable to all cases. — Com, 
School Dec. 289. 

It is proper, however, to observe, that as by the act of 
1843 one trustee only is hereafter to be annually elected, 
who- holds his office for three years, and as in case of a 
vacancy, such vacancy is to be supplied only for the un- 
expired term left vacant, the variations in the time of 
holding the annual meeting ought not to exceed three or 
four weeks. The time from one annual meeting to ano- 
ther must always be considered and treated as one year. 

By § 17 of the act of 1841, (No. 79,) " Whenever the 
time for holding annual meetings in a district, for the 
election of district officers shall pass without such election 
being held, a special meeting shall be notified by the clerk 
of such district to choose such officers ; and if no such 
notice be given by him or the trustees last elected or ap- 
pointed, within twenty days after such time shall have 
passed, any inhabitant of such district qualified to vote at 
district meetings, may notify such meeting in the manner 



136 COMMON SCHOOL SYSTEM. 

provided by law in case of the formation of a new dis- 
trict ; and the officers chosen at any such special meeting, 
shall hold their office until the time for holding the next 
annual meeting." 

By H of chap. 360, Laws of 1839, (No. 80,) " When the 
clerk, and all the trustees of a school district, shall have 
removed, or otherwise vacated their office, and where the 
records of a district shall have been destroyed or lost, or 
where trustees neglect or refuse to call meetings to choose 
trustees, the Superintendent of Common Schools shall have 
authority to order such meetings." 

By ^ IS of the act of 1S41, (No. 81) " When in conse- 
quence of the loss of the records of a school district, or 
the omission to designate the day for its annual meeting, 
there shall be none fixed, or it cannot be ascertained, the 
last trustee of such district may appoint a day for holding 
the annual meeting of such distxict." 

If an annual meeting is held at the lime and place ap- 
pointed at or adjourned from the annual meeting of the 
preceding year, the proceedings will be deemed A^alid, not- 
withstanding the omission of the clerk to give the notices 
prescribed by law. 

Where the place and time of day for holding the an- 
nual meeting are not designated by the inhabitants, the 
usual place and time of day for holding such meetings 
will be understood, and the notices of the clerk should 
correspond thereto. When assembled, the inhabitants 
may adjourn to any other convenient place : but the elerk 
cannot, in his notices for the annual meeting, designate 
any other than the usual place for holding such meeting, 
where the inhabitants at their last annual meeting omit- 
ted to specify any place. — Com. School Dec, 129, 141. 

The law has not specified what number of inhabitants 
shall constitute a quorum for the transaction of business 
at a district meeting, annual or special : and accordingly 
the proceedings, if otherwise regular, will not, be disturbed 
by reason of the paucity of attendance on the part of the 
inhabitants, where the notice has been fair and public, 
and there is no room for the allegation of surprise. A 
reasonable time, should, however, be allowed for the in- 
habitants to assemble, after which those in attendance may 
legally proceed to the transaction of any district business. 



POWERS AND DUTIES OF INHABITANTS. 137 

By § 63 (No. 82) it is provided that " a special meeting 
shall be held in each district whenever called by the trus- 
tees ; and the proceedings of no district meeting, annual 
or special, shall be held illegal, for want of a due notice to 
all the persons qualified to vote thereat, unless it shall 
appear that the omission to give such notice was wilful 
and fraudulent." 

This latter provision was intended for cases where 
through accident or mistake, the proper legal notice has 
not been given to all who are entitled to it : but it cannot 
be construed to extend to cases in which no attempt is 
made to give the notice required by law to any of the 
inhabitants. Where the clerk of a district undertakes to 
give a notice in the manner provided by the statute, and 
has failed, unintentionally, to serve such notice on all the 
persons entitled to receive it, or where such notice is im- 
perfectly served, the proceedings of the meeting will riot 
be void on that account. They may, however, be set aside 
on appeal, on showing sufficient cause. — Com. School Bee. 
18G, 223. 

The law does not, in terms, prescribe that the object for 
which a special meeting is called shall be staled in the 
notice for such meeting. This duty is however enjoined 
by the Superintendent. — Com. School Dec. 354. 

The opportunities afforded by the coming together of 
the inhabitants of each district, for deliberation and con- 
sultation in relation to their schools, and the various inter- 
ests connected therewith, are calculated to exert a most 
beneficial influence in favor of education ; to promote 
union, harmony and concert of action in the several dis- 
tricts ; and to cement the ties of friendly social intercourse 
between those having a common interest in the moral and 
intellectual culture of their children. It is, therefore, of 
the utmost importance that they should not be neglected ; 
that th? inhabitants should be prompt and uniform in their 
attendance; and that the proceedings should be invariably 
characterized with that order, regularity, dignity and deco- 
rum which can alone command respect, and advance effi- 
ciently the objects to be accomplished. To secure as far as 
possible the attainment of these desirable ends, it is pro- 
posed in this place to examine the powers and duties of 
the inhabitants, when assembled in district meeting, the 



138 COMMON SCHOOL SYSTEM. 

mode of proceeding, the keeping of the minutes and 
records, the qualifications of voters, and some other sub- 
jects of general interest, connected with the proceedings 

of district meetings. 

° I 

1. POWERS AND DUTIES OF INHABITANTS WHEN ASSEMBLED IN 
DISTRICT MEETING. 

These are particularly specified in § 61, (No. 74,) of 
the original act, and have been considerably extended by 
subsequent enactments, which will be noticed in their or- 
der. They are, to appoint a moderator; to adjourn from 
time to time as occasion may require ; to choose district 
officers at their first meeting upon the organization of the 
district, and as often as vacancies occur, by expiration of 
the term of office, or otherwise ; to designate a site for a 
district school-house ; to lay such tax on the taxable in- 
habitants of the district as the meeting shall deem suffi- 
cient to purchase or lease a suitable site for a school- 
house, and to build, hire, or purchase such school-house, 
and to keep in repair and furnish the same with neces- 
sary fuel and appendages ; and to repeal, alter and modify 
their proceedings from time to time as occasion may re- 
quire. - 

By the 10th section of the act of 1841, (No. 76,) the 
inhabitants are authorized, with the consent of the Town 
Superintendent of common schools, to designat esites for 
two or more school houses for their district, and to lay a 
tax for the purchase or lease thereof, and for the purchase, 
hiring or building of school houses thereon, and the keep- 
ing in repair and furnishing the same with necessary fuel 
and appendages. 

This provision authorizing more than one site and school 
house, is intended for the accommodation of those districts 
that may be so peculiarly situated as to render a aivision 
inconvenient or not desirable. A banking or other corpo- 
ration, or some manufacturing establishment liable to tax- 
ation, may thus be rendered beneficial to a large terri- 
tory and a greater number of inhabitants, instead of having 
its contributions applied for the benefit of a few. And in 
populous places, it may often be convenient to have a 
school for very young children distant from that attended 



POWERS AND DUTIES OF INHABITANTS. 139 

by those more advanced. In these and other cases, the 
districts should not hesitate to exercise the power given 
by this section. But they should in all cases obtain the 
'previous assent of the Town Superintendent. 

The same section authorizes the inhabitants, in their 
discretion and without the assent of the Town Superin- 
tenjjent, to levy a tax not exceeding twenty dollars in any 
one year, for the purchase of maps, globes, black-boards 
and other school apparatus. The principal facts in geo- 
graphy are learned better by the eye than in any other 
manner, and there ought to be in every school-room a map 
of the world, of the United States, of this state and of the 
county. Globes also are desirable, but not so important 
as maps. Large black-boards, in frames, are indispensa- 
ble to a well conducted school. The operations in arith- 
metic performed on them, enable the teacher to ascertain 
the degree of the pupils' acquirements, better than any 
result exhibited on slates. He sees the various steps taken 
by the scholar, and can require him to give the reason for 
each. It is in fact an exercise for the entire class ; and 
the whole school, by this public process, insensibly ac- 
quires a knowledge of the rules and operations in this 
branch of study. 

Cards containing the letters of the alphabet, or words, 
may be usefully hung up in the room. Indeed the whole 
apparatus provided by Mr. Holbrook and others, is emi- 
nently calculated to facilitate the acquisition of know- 
ledge and to render it agreeable. 

The amount of the tax which may be voted for the 
purchase or lease of sites for the district school-house, and 
for the repairs, furniture, fuel and appendages, is loft wholly 
to the discretion of the district, and is unlimited by law : 
but no tax for building, hiring or purchasing a school- 
house can exceed the sum of four hundred dollars, unless 
on the certificate of the Town Superintendent that a larger 
sum, specifying the amount, ought, in his opinion, to be 
raised ; in which case a sum not exceeding the sum so 
specified, may be raised. § 64, (No. 83.) If the district 
under the act of 1841, raise a tax for building, hiring or 
purchasing two or more school-houses, a tax for each may 
be levied, to the amount of $400, without a certificate from 
the Town Superintendent. 



140 COMMON SCHOOL SYSTEM. 

By the sixth section of chapter 241, of the Laws of 
1837, (No. 77,) the inhabitants of the several school dis- 
tricts are authorized to vote a tax for the purchase of a 
book for the purpose of recording the proceedings of the 
district ; and which by sub. 1 of § 74, (No. 102,; must he 
provided to enable the clerk to perform his duty. 

By the fourth section of chap. 44 of the Laws of 1881, 
(No. 8S,) the inhabitants are authorized, whenever the 
site of their school-house has been legally changed, to 
direct the sale of the former site or lot, and the buildings 
thereon, and appurtenances, or any part thereof, at such 
price and upon such terms as they shall deem most advan- 
tageous to the district. 

By the 16th section of the act of 1843, it is provided 
that " whenever the number of volumes in the district 
library of any district numberin g o ver fifty children between 
the ages of five and sixteen years, shall exceed one hun- 
dred and twenty-five ; or of any district numbering fifty 
children or less, between the said ages shall exceed one 
hundred volumes, the inhabitants of the district qualified 
to vote therein, may^ at a special meeting, duly notified for 
that purpose, by a majority of votes, appropriate the 
whole or any part of library money belonging to the dis- 
trict for the current year, to the purchase of maps, globes, 
hlack-boards, or other scientific apparatus, for the use of 
the schooL^^ 

The object of this enactment is two-fold. It is design- 
ed in the first instance, to secure to every district at least 
one hundred volumes of suitable books for a district libra- 
ry ; and to districts numbering over fifty children, one 
hundred and twenty- five ; and in the second, to authorize 
the inhabitants of any district so supplied, when duly con- 
vened for that special purpose, to appropriate so much of 
the library fund for the current year, as they may think 
proper, to the purchase of maps, globes, black-boards or 
scientific apparatus, for the use of the school. In the 
absence of any such appropriation, or whenever any bal- 
ance remains unappropriated, the library money, or such 
unappropriated balance, must be applied to the purchase 
of books ; and in any event, that money must be expend- 
ed for the one or the other of these purposes, on or before 
the first day of October in each year. It is respectfully 



1 



POWERS AND DUTIES OF INHABITANTS. 141 

recommended to the inhabitants of those districts which 
are already supplied with the requisite number of books, 
and of others, whenever they shall reach the specified 
number, to avail themselves of the power thus conferred 
upon them, to supply their school with those useful 
articles of scientific apparatus which so materially con- 
duce to the improvement of the pupils. Independently 
of this appropriation, no district should dispense with a 
black-board ; and if suitable maps, globes and a few of 
the more simple means of illustrating the elementary 
truths of science, can be superadded, the library money 
for two or three years cannot perhaps be more advantage- 
ously appropriated. In the mean time, the books on hand 
can be generally read ; and such additions to the library 
as the growing wants and increased intelligence of the 
district may require, can then be from time to time pro- 
cured. The advice of the Town and County Superin- 
tendent may at all times be had as to the most proper and 
judicious appropriation of the fund for the purposes pro- 
vided for by the section under consideration. 

By the provision of the several acts relative to school 
district libraries, {No. 175 et seq.) the inhabitants of the 
several districts are authorized to lay a tax, not exceed- 
ing twenty dollars for the first year, and ten dollars for 
each subsequent year, for the purchase of a district libra- 
ry, consisting of such hooks as they shall in their district 
meeting direct^ and such further sum as they may deem 
necessary for the purchase of a book-case; and also to 
appoint a librarian, who is to have the care and custody 
of the library so purchased, under such regulations as they 
may adopt for his government. 

These provisions, it will be observed, are entirely dis- 
tinct from those which relate to the purchase of books 
with the public moneys provided by the act of 1838. They 
are confined to such books as are obtained by means of a 
district tax; and wherever the inhabitants do not choose 
to place the latter on the same footing with the former, 
the distinction should be carefully observed. The library 
directed to be purchased with the public money provided 
for that pui^ose, is to be selected by the trustees ; the 
inhabitants have no direct control over such selection; 
and the rules and regulations for its government are to be 



142 COMMON SCHOOL SYSTEM. 

prescribed by the Superintendent alone ; while the library 
to be raised by tax must consist of such books as the in- 
habitants in district meeting shall direct ; and the rules 
and regulations for its management may be adopted at 
such meeting. Still both classes of books may be placed 
upon substantially the same footing, by a general direc- 
tion to the trustees as to the books to be purchased, and 
the adoption of the rules and regulations prescribed by 
the Superintendent. 

Under the fifth section of the act of 1839, relative to 
district libraries, (No. 184,) the legal voters in any two or 
more adjoining districts, may, with the approbation of the 
Superintendent, unite their library moneys, as they shall 
be received or collected, and purchase a joint library for 
the use of the inhabitants of such districts, to be selected 
by the trustees, or such persons as they shall designate, 
and to be placed under the charge of a librarian to be 
appointed by them. 

By the seventh section of the same act, (No. 186,) the 
legal voters in any district are authorized to direct the 
trustees to apply to the Superintendent to select and for- 
ward to the county clerk for the use of the district, a 
library. 

By sub. 9 of § 75, (No. 103,) the power of inhabitants 
of districts to direct the division of the public (teacher's) 
money, into not exceeding four portions for each year, and 
to assign and apply one of such portions to each term 
taught during the year by a duly qualified teacher, is ex- 
pressly recognized. 

Where by reason of the inability to collect any tax or 
rate-bill, there shall be a deficiency in the amount raised, 
the inhabitants of the district in district meeting, are em- 
powered to direct the raising of a sufficient sum to supply 
such deficiency, by tax, or the same may be collected by 
rate-bill, as the case may require. — ^ 80, Act of 1841, 
{No, 106.) 

By § 64, (No. 84,) " If the Town Superintendent of 
common schools in any town, shall require in writing, the 
attendance of the Town Superintendents of any other 
town or towns, at a joint meeting for the purpose of alter- 
ing a school district formed from their respective towns, 
and a major part of the Town Superintendents notified 



POWERS AND DUTIES OF INHjiBITANTS. 143 

shall refuse or neglect to attend, the Town Superintend- 
ents attending, by a majority of votes, may call a special 
district meeting of such district, for the purpose of decid- 
ing on such proposed alteration ; and the decision of such 
meeting shall be as valid as if made by the Town Super- 
intendents of all the towns interested, but shall extend no 
further than to dissolve the district formed from such 
towns." 

The powers conferred upon the inhabitants of school 
districts must be strictly pursued, and can in no case 
be exceeded. No vote or proceeding of a district meet- 
ing can be legal, for which authority is not expressly or 
by necessary implication, to be derived from the statute. 

2. MODE OF PROCEEDING. 

As a general rule, the punctual attendance of the inha- 
bitants of the district should be secured by the organiza- 
tion of the meeting at the appointed hour, after making a 
fair allowance, say ten or fifteen minutes, for the variation 
of time-pieces ; at the expiration of which time, those in 
attendance, whatever may be their number, should orga- 
nize, by the appointment of a moderator. Any number 
of inhabitants, however small, are, as before observed, 
competent to the transaction of the business for which 
the meeting was called ; but if there be only a very small 
number present, it will be advisable to adjourn the meet- 
ing. The clerk of the district, if present, will act as 
clerk of the meeting ; and in case of his absence, any 
other inhabitant of the district may be designated by the 
meeting to act as clerk -pro tern. . The inhabitants will 
then proceed to the transaction of the business for which 
they were convened. 

Where officers of the district are to be chosen, the 
choice should be by ballot, separately for each office ; and 
this mode of proceeding should never be dispensed with 
where there is reason to believe any difference of opinion 
exists as to the proper persons to be chosen. Where no 
such difference of opinion exists, it is still better to regard 
the choice by ballot as the regular mode, and when dis- 
pensed with in any individual case, it should be done by 
express resolution. All other business of the meeting 



144 



COMMON SCHOOL SYSTEM. 



should be transacted by written resolutions, regularly put 
to vote in the customary manner ; and where, for any 
reason, the result cannot be accurately ascertained, the 
numbers voting for or against any resolution should be 
determined by a count, or by ayes and noes. For this 
purpose it would be well for the clerk to have always in 
readiness a list of the legal voters of the district, with a 
series of columns attached, to designate the manner in 
which each person votes on any question that may be 
submitted. When the site is to be changed in a district 
that has not been altered, the law specifically requires the 
vote to be taken by ayes and nays. Such lists may be in 
the following form : 



Names of Voters. 


On change of 
site of sch'l 
house. 


On mot ion to 
build school 
house. 


On resolut'n 
to raise tax 
of $160. 


On resolut'n 
to raise tax 
forapparat 




Ayes. 


Nays. 


Ayes. 


Nays. 


Ayes. 


Nays. 


Ayes. 


Nays. 


John Morehouse, • • • 

Jacob CnrCis, 

Thomas Budd, 

William Carroll; ••• 

Henry Beltis, 

Frederick Hough, •• 


















4 


2 


4 


2 


3 


3 


4 


2 



O. MODE OF KEEPING MINUTES AND RECORDS FOTHE PROCEEDINGS 

The person acting as clerk should keep accurate min- 
utes of the proceedings on loose sheets of paper ; and 
before the meeting is finally adjourned these minutes 
should be read and approved by the meeting, and signed 
by the moderator and clerk, and afterwards transferred 
into the record book of the district. The following gene- 
ral form may be used for this purpose : 



Formof Minutes to he kept by the District Clerk, of procevdings 
of District Meetings. 

At a meeting of the legal voters of school district numbef in 

the town of held pursuant to adjournment, at on the 

day of 18 , [or if it be the annual meeting, say "at an an- 

nual meeting of, SfC. held pursuant to appointment and public no- 
tice, at," Sfc. Or if it be a special meeting, say, " at a special 
meeting of, 4"C. called by the trustees of said district, and held pur- 
suant to special notice, at, Sfc. on the day of, ^c.,] A 



POWERS AND DUTIES OF INHABITANTS. 145 

B. was chosen moderator, and CD. was present as district clerk, 
(or if the clerk be not present, say E. F. was appointed clerk pro. 
tern, the district clerk being absent.) 

Resolved unanimously, (or by a majority of votes present, as the 
case may be,) [here enter the proceedings of the district in the form 
of resolutions f and with as much precision and certainty as pos- 
sible.'] 

Where the subject of a change of site in an unaltered 
district has been under discussion, and a determination 
had by the district, in the manner prescribed by law, the 
proceedings should be particularly recorded, in the follow- 
ing form : 

At a meeting of the legal voters of district No. in the town of 
held at the school-house, in pursuance of notice to all the le- 
gal voters therein, on the day of 18 , A. B. was chosen 
moderator, and CD. was present as district clerk, (or E. F. was 
appointed clerk pro tern, the district clerk being absent.) The writ- 
ten consent of the Town Superintendent of common schools of the 
town having been read, stating that in his opinion the removal of 
the site of the school house in said district is necessary: And it hav- 
ing been moved and seconded that the present site of the school 
house in the said district be changed, and that the northeast corner 
of lot No. 10 in the said town, (or of the farm now occupied by A. 
B. on the N. E. corner, formed by the intersection of two certain 
roads, &e. describing them,) be designated as the site of a school 
house for the said district, and the question taken by ayes and noes, 
it was carried, two-thirds of all those present at such special meet- 
ing voting for such removal, and in favor of such new site: Thos« 
who voted in the afiirmative were John Morehouse, Thos. Budd. 
Wm. Carroll and Frederick Hough ; those who voted in the nega- 
tive, were Jacob Curtis and Henry Bettis. 

Ayes A. Noes 2. 

[In stating the ayes and noes, the christian names of the votern 
should be given.] 

[Or, and the question being taken by ayes and noes, it was lost, 
two-thirds of all those present at the meeting not voting in favor 
thereof. The votes are then to be stated as before.] 

After changing the site of the school-house, in the 
manner before prescribed, the voters of the district, at the 
same or any subsequent meeting, may pass a resolution, 
by a majority of those present, in the ordinary mode, di- 
recting the trustees to sell the house, according to No. 88 
ante. 

4. QUALIFICATIONS OP VOTERS. 

Great difficulty has been heretofore experienced in as- 
certaining the requisite legal qualificatjsss for voters in 

10 



146 COMMON SCHOOL SYSTEM. 

school district meetings. The act of 1841 has removed 
this difficulty by defining them particularly, and has 
pointed out the means of ascertaining the right of any 
individual to vote in such meetings, by a challenge, § 7, 
8, 9, (Nos. 71, 72, 73.) 

The following general qualifications are required in all 
cases: 

1. The voter must be a male. 

2. Of full age, that is, twenty-one years old, or more. 

3. He must be an actual resident of the district. 

In addition to the above, the voter must possess one or 
other of the following qualifications : 

4. He must be entitled by law to hold land in this 
state, and must own or hire real property in the district, 
subject to taxation for school purposes ; or, 

5. He must be authorized to vote at town meetings of 
the town in which the district, or part of a district is situ- 
ated — must have paid a rate bill for teachers' wages in 
the district within one year preceding, or must have paid* 
a district tax within two years preceding, or must own 
personal property liable to be taxed for school purposes in 
the district, exceeding fifty dollars in value, exclusive of 
what is exempt from execution. 

Under the above 4th division are included two classes 
of persons — citizens owning or hiring real property, sub- 
ject to taxation, and aliens not naturalized, who have filed 
the affidavit prescribed by ^ 16 of title 1, chap. 1, part 
2, Rev. Stat, of their intention to become citizens, and of 
having taken the necessary incipient measures for that 
purpose, and who own or hire real property in the district 
subject to taxation for school purposes. It does not ex- 
lend to those who have personal property, but neither own 
nor hire real property. The provision was intended to 
meet the case of residents, who, although not entitled to 
vote at town meetings, may have a strong interest in the 
proceedings of district school meetings. 

In reference to the above 5th division, those '* citizens 
of the several towns in this state, qualified by the Consti- 
tution to vote for elective officers," are included, provided 
they possess the other requisite qualifications. Of 
course, persons claiming to vote at district meetings under 
this qualification must have been inhabitants of the state 



POWERS AND DUTIES OF INHABITANTS. 147 

for one year, of the county for six months immediately 
preceding, and must then be actual residents of the town. 
To these must be added some one of the qualifications 
above specified in division 5. By §§ 8 and 9, (Nos. 72 and 
73,) it is provided that *' If any person offering to vote at 
any school district meeting, shall be challenged as unquali- 
fied by any legal voter in such district, the chairman pre- 
siding at such meeting shall require the person so offer- 
ing, to make the follow^ing declaration: "I do declare 
and affirm that I am an actual resident of this school dis- 
trict, and that I am qualified to vote at this meeting.'* 
And every person making such declaration shall be per- 
mitted to vote on all questions proposed at such meeting ; 
but if any person shall refuse to make such declaration, 
his vote shall be rejected. 

"Every person who shall wilfully make a false declara- 
tion of his right to vote at a district meeting, upon being 
challenged as herein before provided, shall be deemed 
guilty of a misdemeanor, and punishable by imprisonment 
in the county jail for a term not exceeding one year, nor 
less than six months, at the discretion of the court; and 
any person voting at any school district meeting without 
being qualified, shall, on conviction, be subject to a fine 
of ten dollars, to be sued for and recovered by the trustees 
of the district for its use, and with costs of suit, before any 
justice of the peace." 

5. RECONSIDERATION OF PROCEEDINGS. 

The inhabitants of school districts may reconsider and 
repeal, alter and modify their proceedings at any time 
before they have been carried into effect, either wholly or 
in part. But the intention to do so, should be explicitly 
set forth in the notice of the meeting called for that pur- 
pose. When, however, contracts have actually been 
entered into, liabilities incurred, or expenditures of money 
had, in the prosecution of any measure directed by the 
district, a reconsideration will not be sanctioned, as no 
means exist to indemnify those who may be the losers 
thereby. 



148 COMMON SCHOOL SYSTEM. 

6. TAXES SHOULD BE SPECIFICALLY VOTED. 

Where a tax is voted by the inhabitants for any pur- 
pose, the specific amount of the tax, and the particular 
purpose for which it is designed, should be fully and clear- 
ly stated. And where several objects of expenditure are 
to be provided for, the amount to be raised for each should 
be expressed in the resolution, in order that the district 
and the trustees may know the precise extent of their lia- 
bility, and the mode of its application. There may be 
cases, however, where the necessary amount to be raised, 
cannot be ascertained with any approach to accuracy ; 
and in such cases the district may direct the perform- 
ance of specific acts by the trustees, or authorize them 
to incur such expenses as maybe necessary to the accom- 
plishment of a particular object to be specified ; and the 
trustees are then authorized by § 14, of the act of 1841, 
(No. 127,) to raise such amount by tax upon the dis- 
trict in the same manner as if the definite sum to be 
raised had been voted. This general delegation of au- 
thority should, however, be resorted to only in cases of 
necessity. 

7. DESIGNATION OF SITE OF SCHOOL-HOUSE. 

When the site of a school-house is to be fixed, it should 
be designated with distinctness and precision. It is very 
common in many of the districts to vote a site in general 
terms, as at or near a particular spot, hetioeen two points, 
or by other equally vague descriptions ; and in some 
instances the precise location has been left to the discre- 
tion of the trustees, or of a committee appointed for that 
purpose. All this is directly contray to law. The in- 
habitants in district meeting assembled, are " to designate 
a site for a district school-house," and this designation 
must be sufficiently explicit, and must be described by 
metes and bounds, or other known and permanent land- 
marks, to enable the trustees to locate the site, and to con- 
tract for and receive a title to the same; and the best rule 
will be to make such a description as would be required 
in a deed of the premises. 



POWERS AND DUTIES OF INHABITANTS. 149 

8. CHANGE OF SITE. 

By ^ 1, of chap. 44, of the Laws of 1831, (No. 85,) it is 
provided that " whenever a school-house shall have been 
built or purchased for a district, the site of such school- 
house shall not be changed, nor the building thereon be 
removed, as long as the district shall remain unaltered, 
unless by the consent, in writing, of the Town Superin- 
tendent of common schools, of the town or each of the 
towns within which such district shall be situated, stating 
that in their opinion such removal is necessary ; nor then, 
unless two-thirds of all those present, at a special meeting 
of such district called for that purpose, and qualified to 
vote therein, shall vote for such removal, and in favor of 
such new site." 

This provision is designed to secure permanency in the 
location of the district school-house, while the circum- 
stances under which it was so located remain substantially 
the same. But when an alteration has taken place in the 
district, since such location, either by the addition of new 
inhabitants, and the consequent annexation of new terri- 
tory, from the adjoining districts, or by the setting off of 
a portion of the inhabitants and territory to some other 
district, then, the reason for the enactment failing, a 
change of site may be voted by a majority of the altered 
district, in the usual manner. When the new site is again 
established, either in this manner, or by a two-third vote, 
as provided in the section above quoted, the same princi- 
ple again prevails. No further alteration can be made 
while the district remains substantially in the same con- 
dition as when the new site was fixed. 

The alterations here referred to must be such as are 
made in the territorial boundaries of the district. Changes 
of residence by the inhabitants out of the district, or the 
removal of persons into it from other districts, cannot be 
deemed alterations within the meaning of the law, while 
the territory remains the same. 

Experience has shown that by far the most fertile sources 
of contention and difficulty in the various school districts, 
originate from the proceedings of the inhabitants con- 
nected with the change of the site of their school-house. 
Such a measure should, therefore, only be adopted when 



150 COMMON SCHOOL SYSTEM. 

the convenience and accommodation of the inhabitants 
will be essentially promoted thereby ; when the altered 
situation of the district imperatively requires a change ; 
and even then, the full and hearty concurrence not merely 
of a clear and decided majority of the district, but of the 
inhabitants generally, should be secured, before any final 
decision is made. There must always be a portion of the 
inhabitants, residing at the extremities of the district, who 
will experience more or less inconvenience, at particular 
seasons of the year, in consequence of their distance from 
the school-house : but it is better that these partial incon- 
veniences should be submitted to, than that they should 
be transferred to others and the whole district plunged 
into a contention respecting the site. But when, in con- 
sequence of the enlargement of the boundaries of the 
district, a change is indispensable, the inhabitants should 
come together in a conciliatory and friendly spirit, having 
no other object in view than the best interests of the dis- 
trict and the convenience of the greatest number : and 
their action should be deliberate and circumspect — recon- 
ciling, as far as possible, the interests of all, and rejecting 
every proposition calculated to sow the seeds of dissen- 
sion or disturbance in any portion of the district : — bear- 
ing in mind that a mere numerical triumph, leaving a 
large minority dissatisfied and irritated, however gratify- 
ing to the successful party, for a time, is but a poor com- 
pensation for a divided and distracted district, and an 
embittered and hostile neighborhood. 

9. BUILDING, HIRING, PURCHASING AND REPAIRING OF SCHOOL- 
HOUSES, AND PROVIDING FURNITURE AND APPENDAGES. 

When a tax is voted by the inhabitants of a district for 
building a school-house, it is important, not only that the 
specific amount to be raised should be stated, but if any 
portion of it is designed to be expended in the erection 
of other appurtenances, such as a wood-house, necessary, 
or fence, that those purposes should be specifically set forth 
in the resolution. It would, in all cases, be desirable that 
a committee of the inhabitants, consisting of or including 
the trustees who are charged by law with the execution 
of the work, should be appointed to digest, and under the 



POWEES AND DUTIES OF INHABITANTS. 151 

advice of the County Superintendent, mature a full plan 
for the building, appendages, and appurtenances, together 
with a detailed estimate of the expense, and to submit 
the same at an adjourned meeting for the sanction and 
approval of the district. From this proceeding many use- 
ful results v^^ould follow. The trustees would be placed 
in possession of all the information necessary to enable 
them efficiently and systematically to discharge their du- 
ties in contracting for and superintending the erection of 
the house ; an opportunity would be afforded of obtaining 
and comparing the best models of architecture, and the 
inhabitants would be enabled to discuss at their leisure 
the several plans submitted, and to consult their conve- 
venience, taste and accommodation in the several details. 

The school-house, when built, or purchased, should 
never be permitted to remain for any length of time out 
of repair. It is the duty of the trustees to keep it in re- 
pair, and the district should, whenever called upon, pro- 
vide for the expense. They should also see that the 
school-rooms are properly furnished with fuel, prepared 
for use ; that all the necessary articles of furniture are 
provided ; that the seats, desks and other fixtures are in 
good condition, and that the district library, the apparatus 
for the school, and all the other property of the district, is 
properly taken care of, and such articles as are wanted, 
promptly furnished. In other words, the district should 
exercise a constant supervision over its officers, and pro- 
vide the means for an efficient discharge of their duties. 

When ii is supposed that more than four hundred dol- 
lars will be necessary to build, hire, or purchase a school- 
house, care should be taken to procure the certificate of 
the Town Superintendent before the tax is voted by the 
district, as such certificate seems by *'he act and has been 
held by the department to be indispensable, to authorize 
the vote. If there be a site and house, they should be 
sold, and the proceeds applied first to the purchase of the 
new site and next to the building. And whatever sum is 
applicable to the erection or purchase of the school-house, 
must, according to a decision of the department, go in 
reduction of the amount which the district may vote for 
a school-house. [Decisions, p. 183.) Thus, if the former 
site and building sell for 200 dollars, and 50 dollars be 



152 COMMON SCHOOL SYSTEM. 

applied to the procuring a new site, the remaining 160 
dollars being applicable to the new house, the district can- 
not vote a tax of more than 250 dollars for the building, 
without the consent of the Town Superintendent. 

The following will be a proper form of a resolution for 
raising a tax for the erection of a school-house : 

The certificate of the Town Superintendent of common schools of 
the town of having been obtained, that in his opinion a 

larger sum than four hundred dollars ought to be raised for building 
a school- house in the said district, namely, the sum of six hundred 
dollars, [or whatever the whole sum may be.] 

Resolved, That the said sum of six hundred dollars be raised by 
tax upon the said district for the purpose of building a school-house 
therein. 

The resolution for the purchase of a site should be dis- 
tinct, and may be in the following form : 

Resolved, That the sum of fifty dollars be raised by tax upon the 
said district for the purchase of the site for a new school-house, 
heretofore designated by the legal voters thereof. 

Either or both the above taxes maybe raised, but can- 
not be expended before a site is purchased and a legal 
title procured. 

A tax having been voted to build a school-house, the 
tax list made out and a warrant issued, the collection of 
the tax cannot be suspended by vote of a district meet- 
ing. — Com. School Dec. 68. But where no proceedings 
have been had in pursuance of such vote it may be re- 
scinded. — Id. 261. 

Where a tax is voted in express terms, a direction sub- 
sequently given as to the time and manner of its collec- 
tion is void. — Id. 282. 

Where the inhabitants of a school district authorize the 
trustees or any other person to select a site for a school- 
house, it is not a legal site, until subsequently fixed by a 
vote of the inhabitants. — Id. 353. 

Where the title to the site of a district school-house 
fails, a new site may be fixed by a majority vote, without 
the certificate of the Town Superintendent. — Id. 107, 132, 
142, 195. 

When the site of the school-house has been fixed, it 
may be changed by a majority of votes, at any time be 
fore the school-house is built or purchased. — Id. 182. 



POWERS AND DUTIES OF INHABITANTS. 153 

In voting a tax to purchase a site, a sufficient sum may 
be included to cover all necessary expenses in perfecting 
the title to the premises. 

The fact that the site of a school-house is covered by a 
mortgage, does not affect the validity of the proceedings 
of a school meeting, in voting to build upon it; although 
upon timely application, the Superintendent might not 
permit the house to be constructed until the lien was re- 
moved. 

Where the title to the site of a school-house consists of 
a lease of the ground so long as it shall continue to be 
used for the purposes of a district school, if the inhabi- 
tants appropriate the land to any other purpose, it reverts 
to the grantor. 

A contract for the purchase of land intended to be oc- 
cupied as the site for a school-house, is not strictly a lease, 
akhough the vendee may for some purposes be regarded 
as a tenant. Where such a contract is not executed by 
the performance of its conditions, it does not amount to a 
purchase. But where such conditions have been perform- 
ed, the vendees have an equitable title, and the court of 
chancery would enforce the performance of the contract 
on the part of the vendor. A presumption in favor of 
such performance would, it seems, arise from the circum- 
stance of long possession on the part of the district. 

Where a school district has been altered, after the ori- 
ginal establishment of its site, either by adding to or di- 
minishing from its territory, so that the site is no longer 
central or convenient, such site may be changed by a vote 
of a majority of the inhabitants of the district, at any 
meeting, annual or special : but after such change has 
been effected, and a new site established, and a new house 
built or purchased, the site cannot again be changed, until 
Bome further alteration occurs in the boundaries of the dis- 
trict, without the consent of the Town Superintendent and 
two-thirds of the voters of the district, in the mode pre- 
scribed by the 70lh and two succeeding sections of the 
school act. (Nos. ^5-87.) 

The costs and expenses of a bill in equity to perfect the 
title to the site of a school-house, held under an agreemen* 
by the owner to convey, may legally be defrayed by a tax 
to be voted by the district. — Per Young, Swpt. 



154 COMMON SCHOOL SYSTEM. 

Where the inhabitants of a school district have by ? 
vote to that effect, authorized the trustees to go on and 
make repairs, or to do any other lawful acts involving an 
expenditure of money, they will be required to save the 
trustees harmless, if the latter have acted in good faith. 
But where trustees undertake to do any act which they are 
not by law authorized to do, in the absence of any direc- 
tions on the part of the district, it is at their own peril. 
The inhabitants may ratify their proceedings by a subse- 
quent vote : but if they do not choose to do so, the trus- 
tees are without remedy. — Com. School Bee. 41, 222. 

A school-house built by subscription, may, if under the 
control of the trustees, be kept in repair by a tax on the 
property of the district. — Id. 47. 

There can be no partnership in the erection of a school- 
house, which will prevent the district from controlling it 
entirely for the purposes of the district school. — Id. 201, 
290. 

No more money can legally be expended on a school- 
house than is necessary for common school purposes. An 
additional room cannot be provided for a select school. — 
Id. 203. 

A tax should not be voted by the inhabitants of a dis- 
trict for repairing the school-house where the district has 
no title to the site, and the owner has forbidden the re- 
pairs to be made. — Id. 60, 1S7. 

Nor should a tax to build a school-house, be imposed or 
expended until the district has acquired such an interest 
in the site as to be able to control the house. — Id. 168. 

A tax cannot be raised to build a school-house on a site 
selected without legal authority. — Baker v. Freeman^ 9 
Wendell ^Q. 

Where a school-house is built by subscription, a tax 
may be voted for its purchase, if the district has title to 
the site on which it stands. — Id. 193. 

The rule of law is, that the right of property in all 
permanent erections upon lands, resides in the owner of 
the soil. The latter is therefore the legal owner of a 
school-house erected without his permission on his land- 
But if such school-house was originally placed there with 
his permission, the district has a right to direct its remo 
val. — Fer Young, Swpt. 



POWERS AND DUTIES OF INHABITANTS. 155 

The inhabitants of a district may legally vote a tax to 
enlarge their school-house, notwithstanding it may alrea- 
dy have cost $400, without a certificate from the Town 
Superintendent. — Id. 

Where a school-house is so decayed as in the opinion 
of a majority of the district to be no longer suitable for 
the purposes of the school, a tax may be voted in the usu- 
al manner for building a new one on the same site. — Per 
Spencer, Supt. 

Inhabitants of school districts cannot, by a vote to that 
effect, authorize the trustees to provide fuel in any other 
mode than those prescribed by law. — Com. School^ Dec, 
264. 

Nor can they impose a tax for the payment of the costs 
or expenses incurred in prosecuting or defending a suit 
brought by or against any officer of the district ; or for 
the expenses of conducting an appeal, or an arbitration, 
although such suit, appeal or arbitration may have been 
expressly directed by the district. 

Nor can they dispose of any portion of the district pro- 
perty, unless in the cases and in the manner specifically 
pointed out by law. 

Although the inhabitants of a district may direct the 
division of the teachers' money for the current year into 
portions, applicable to the respective school terms, they 
cannot so appropriate the money for the succeeding year: 
nor can they direct such division after its appropriation by 
the trustees on a specific contract with a teacher. 

A tax may be levied in a school district to build a wood- 
house and necessary. — Com. School Dec. 21. 

Money cannot be raised by tax in a school district for 
contingent purposes. — Id. 233. 

A tax to purchase a district library cannot be voted at a 
meeting of which no notice is required to be given: e. g. 
an adjourned meeting, where the adjournment is for a less 
period than one month. — Id. 286. 

A tax cannot be laid to erect a building to be occupied 
jointly as a school-house and a meeting-house. — Id. 290. 

When the whole amount of a tax raised for any addi- 
tional purpose is not required for such purpose, ihe balance 
may be applied by vote of the district to any other autho- 
rized object. — Id. 315. 



156 COMMON SCHOOL SYSTEM. 

A tax cannot be voted for arrearages generally, or to 
reimburse trustees or other officers of the district for mo- 
neys expended by them, unless it appears by the vote that 
the money is to be applied to one of the objects for which 
taxes may by law be raised. — Id. 316. 

A vote of the district is necessary to raise by tax the 
excess beyond $400 certified to be necessary for building 
a school-house. — Id. 339. 

A tax may be voted for the erection of a fence around 
the school- house lot; but not for a hell. — Id. 28,235. 



CHAPTER IV. 



TRUSTEES OP SCHOOL DISTRICTS. 

These officers are to be chosen by the inhabitants of 
the district entitled to vote, at their first meeting, and 
thereafter at any annual or special meeting legally con- 
vened, whenever there is a vacancy, by expiration of their 
term of office or otherwise. They are to hold their offices 
" until the annual meeting of such district next following 
the time of their appointment, and until others shall be 
elected in their places." ^ 70, No. 9S.) In case of the 
existence of a vacancy, by the death, refusal to serve, 
removal out of the district, or incapacity of the incum- 
bent, unless such vacancy is supplied by a district meet- 
ing within one month thereafter, it is the duty of the 
Town Superintendent of common schools to appoint some 
person to supply such vacancy. The expiration of their 
term of office, also creates a vacancy; and if, for any rea- 
son, the annual meeting passes over without the election 
of officers, ample provision is made, (see Nos. 79, SO and 
81,) for the calling of a special meeting to supply such 
vacancy ; and in the mean time the old officers hold over, 
until others are elected in their places, as in such case 
of vacancy the Town Superintendent has no authority to 
appoint. 

By ^ 72, (No. 100,) every person duly chosen or ap- 
pointed to any such office, who without sufficient cause 
shall refuse to serve therein, shall forfeit the sum of five 
dollars ; and every person so chosen or appointed, and not 
having refused to accept, who shall neglect to perform the 
duties of his office, shall forfeit the sum of ten dollars." 

By ^ 73, (No. 101,) " an) person chosen or appointed 
to any such office, may resign the same in the manner 
provided in chapter eleventh, title third, ^ 33, of this act." 
The provision referred to in this section is as follows : 



158 COMMON SCHOOL SYSTEM. 

"Any three justices of the peace of a town may for suffi- 
cient cause shown to them, accept the resignation of any 
town officer of their town." 

By ^ 16 of the act of May 26, 1841, (No. 75,) "no 
Town Superintendent of common schools or supervisor of 
a town, shall be eligible to the office of trustee of a 
school district ; and no person chosen a trustee, can hold 
the office of district clerk or collector." 

By § 12 of the act of 1843, it is provided that " the 
trustees of each of the several school districts next here- 
after to be chosen, shall be divided by lot into three 
classes, to be numbered one, two and three; the term of 
office of the first class shall be one year; of the second, 
two; of the third, three; and one trustee only shall there- 
after annually be elected, who shall hold his office for 
three years, and until a successor shall be duly elected or 
appointed. In case of a vacancy in the office of either of 
the trustees, during the period for which he or they shall 
have been respectively elected, the person or persons 
chosen or appointed to fill such vacancy shall hold the 
office only for the unexpired term so becoming vacant." 

This extension of the official term of trustees to three 
years, combined with the annual choice of one of their 
number, is a very important improvement of the system, 
securing as it does, uniformity, stability and harmony in 
the councils of the district, and preventing that ignorance 
of its previous arrangements and affairs, which has so fre- 
quently been found not only to paralyze the exertions of 
new trustees, but to involve them in pecuniary embarrass- 
ment and subject them to personal liability. On the acces- 
sion of a new trustee, under the present arrangement, he 
will find two experienced colleagues already in office, con- 
versant with all the affairs of the district, and able and 
willing to aid and co-operate with him in the discharge of 
his duties. All the deliberations and actions of the board 
under this arrangement, will partake of a greater unifor- 
mity, and become more systematic. Teachers will be 
likely to be retained for a longer period ; contracts will be 
likely to be more promptly fulfilled, and taxes and rate bills 
to be more accurately made out and more speedily col- 
lected ; and order and harmony will graduallj' succeed to 
the chaotic confusion and irregularity which now too 



TRUSTEES OF SCHOOL DISTRICTS. 159 

generally characterize the records, the councils and the 
proceedings of trustees ignorant and careless of their duty, 
and anxious only to transfer the inextricable embarrass- 
ments of their district, unexplained and inexplicable, to 
their successors. 

One important operation of the provision in question, 
will be as before observed, to prevent the district from 
changing the time of its annual meeting, thereby avoiding 
those frequent misunderstandings as to the period w^hen 
officers of the district are to be chosen, from which so many 
profitless and vexatious controversies have arisen. 

The duties of trustees may be arranged under the fol» 
lowing general heads,: 

1. The receipt and application of public money. 

2. The calling of annual and special meetings. 

3. The assessment and collection of district taxes. 

4. The purchase or lease of sites ; and the building, 
hiring, or purchasing of school-houses, the repairing and 
furnishing such houses with necessary fuel and appen- 
dages, and their custody and safe-keeping ; and the sale 
of such sites and houses when no longer required for dis- 
trict purposes. 

5. The employment of teachers, and their payment ; 
and the making out and collection of rate-bills. 

6. Their duties in reference to the district library. 

7. The making of annual reports. 

8. The accounting to their successors and the district, 
at the expiration of their term of office ; and paying over 
balances on hand. 

9. Suits by and against them. 
10. Miscellaneous divisions. 

1. THE RECEIPT AND APPLICATION OF PUBLIC MONEY. 

By the 15th section of the act of 1843, it is made the 
duty of the Town Superintendent to pay over the propor 
tion of teachers' money to which each district may be en 
titled on its annual report for the preceding year, " on the 
written order of a majority of the trustees of such dis 
trict to the teacher entitled to receive the same." 

This order may be in the following form : 



160 COMMON SCHOOL SYSTEM. 

A. B. Esq. Town Superintendent of common schools of the town 
of pay C. D. a teacher duly employed by us, and 

qualified according to law, fifteen dollars, that being the amount 
which he is entitled to receive, out of the funds in your hands, ap- 
plicable to the payment of teachers' wages, and apportioned to our 
district. Dated at this day of 18 

-p, Y > Trustees 
rn" TT* / District 
^- "• ) No. 
Upon the day of the annual apportionment, or as soon 
as possible thereafter, the trustees should call upon the 
Town Superintendent, or send one of their number, or the 
clerk, with an order signed by them, or a majority of them, 
for the share of library money due their district. If the 
Town Superintendent withholds such money, without jus- 
tifiable cause, it is the duty of the trustees to prosecute for 
the same.— ^ 90, (No. 185.) 

The teachers should, if possible, present their orders 
at the same time, so that all the public money belonging- 
to the district may at once be paid over and duly receipted. 
Four-fifths of the aggregate amount of public money 
apportioned by the stale and raised by tax in the several 
counties and towns, together with the avails of all local or 
town funds of every description, constitute a fund applicable 
exclusively to the payment of the wages of duly qualified 
teachers. To entitle a district to its share of teachers' money, 
it must appear from its annual report " that a school had 
been kept therein for at least four months during the year, 
ending at the date of such i;eport, by a qualified teacher," 
after obtainrag a certificate of competency from the proper 
authority ; that all the teachers' money rece^ived during 
the year has been expended in the payment of such 
teacher ; " that no other than a duly qualified teacher had 
at any time during the year, for more than one month, 
been employed to teach the school in said district ;"" and 
such report must, in all other respects, be in accordance 
with law, and the requisitions and in^tuctions of the Su- 
perintendent, made in pursuance of law. In other words, 
it must be in the form prescribed by the Superintendent, 
and must contain all the information required by law and 
by the department to be given. 

There are two classes of cases in which relief may be 
sought for the refusal of the Town Superintendent to ap- 
portion or pay over public money to a district. 



TRUSTEES OF SCHCOL DISTRICTS, 161 

1st. Where it is supposed his decision is erroneous 
upon some question of fact, or some principle of law. In 
such case the remedy is by appeal to the County Superin- 
tendent, in the manner prescribed by the regulations con- 
cerning appeals. The interest of the district, as well as 
of other districts, requires that the proceedings should be 
prompt, as an appeal stays further action by the Town 
Superintendent. 

2d. Where there has been any accidental omission to 
comply with any provision of law, or any regulation of the 
Superintendent, in consequence of which an apportion- 
ment of public money has not been made. In such cases 
a general authority is given to the State Superintendent, 
by ^ 2 of the act of 1S41, (No. 30,) to cause the appor- 
tionment to be made, on the equitable circumstances of 
the case, and a similar authority is given in relation to 
library money by the last clause of "^^ 6 of the act of 1839, 
No. 185.) 

These provisions are intended only for the cases of ac- 
cidental and unintentional omissions, and the authority 
given by them will not be exercised where there is a wil- 
ful disobedience of law, or a perverse and intended viola- 
tion of any regulation. 

Applications for relief in this class of cases should be 
made as soon as the omission is discovered, in order to 
prevent the inconvenience of correcting the apportionment 
after it has been acted upon ; and any unnecessary delay 
will in itself form a strong ground of declining to grant 
the relief desired. 

The facts and circumstances on which the application 
is founded must be verified by affidavit. 



APPLICATION OF SCHOOL MONEY RAISED BY OR BELONGING TO A 

TOWN. 

In the preceding remarks relative to Town Superin- 
tendents of common schools, some directions are given 
respecting the money which towns are authorized to vote 
for the support of common schools, in addition to that 
raised by the supervisors. Some embarrassment has 
arisen respecting the application of that portion of the 
money thus raised by a town, which may be received from 

11 



162 COMMON SCHOOL SYSTEM. 

the collector by the trustee or trustees of a joint district, 
a portion of which is within such town, and the residue 
is within a town or towns that have not directed a similar 
additional sum to be raised. It must be supposed that the 
tax, when voted by a town, is intended for the support of 
schools therein, as it would be contrary to all principles 
of equity, that the inhabitants of one town should be 
obliged to contribute to the education of children belong- 
ing to other towns. The Superintendent has accordingly 
decided that when any portion of the money, voted by a 
town, comes to the hands of trustees of joint districts, they 
must apply it exclusively for the benefit of scholars attend- 
ing the school, who belong to the town thus voting. After 
applying ihe " teachei^' money" received from the Town 
Superintendent, which was apportioned by the state, and 
that raised by the supervisors, under the general law, to 
the payment of the teachers' wages, they are then to 
apply the portion of the town money received by the trus- 
tees, to the payment, as far as it will go, of the amount 
that is to be collected, by a rate-bill, from the parents of 
the scholars attending school, who belong to the town that 
raised the additional sum. The rate- bill for teachers' 
wages, against the other inhabitants of the district, is to 
be collected precisely in the same manner as if the addi- 
tional sum had not been raised. 

If there are any other common school funds belonging 
to the town, arising from their poor-moneys, or from their 
gospel and school lots, any portion of which is received 
by the trustees of a joint district, they are to apply such 
portion exclusively for the benefit of the parents of the 
children attending the school belonging to the town own- 
ing such fund. And the trustees should be careful not to 
apply any part of the money in their hands, coming from 
the tax voted by a town, or from its common school fund, 
to the purchase of a library, or to any other purpose than 
the support of common schools. 

DIVISION OF teachers' MONEY INTO PORTIONS. 

By subdivision 9 of "^ 75, (No. 103,) trustees are au- 
thorized " to divide the public moneys received by them, 
whenever authorized by a vote of their district, into not 



TRUSTEES OF SCHOOL DISTRICTS. 163 

exceeding four portions for each year; and to assign and 
apply one of such portions to each quarter or term, during 
which a school shall be kept in such district for the pay- 
ment of the teachers' wages, during such quarter or term." 
Where no action is had on the subject by the district, 
trustees have the right to appropriate the public money in 
such proportions to the different terms as they may deem 
expedient. It is not essential that the public money 
should be paid exclusively for services rendered during 
the year in which it is received : if the whole amount 
received be applied during the year to the payment of 
the compensation of qualified teachers, it is immaterial 
whether such wages were earned wholly during that year, 
or in part the year previous. It is of frequent occurrence 
for teachers to commence their term in November or De- 
cember, and end in the succeeding spring ; and there is 
no impropriety or illegality in paying their wages for the 
whole term, wholly or in part, from the public money 
received after its close. 

The teachers' money can be applied only to the benefit 
of such schools as are established by trustees of districts 
in pursuance of law. — Com. School Dec. 55. 

Where any portion of the teachers' money is applied to 
the payment of the wages of a teacher not duly qualified, 
or is otherwise illegally appropriated, the trustees under 
whose authority such expenditure is made, are personally 
liable to the district for the amount. — Id. 213. 

ACCOUNT BOOKS. 

Trustees are required by ^ 11, of the act of May 26, 
1841, (No. 122,) to keep an account in a book to be pro- 
vided for that purpose by them, from time to time, as shall 
be necessary, of all moneys received and paid out by them, 
in their official capacity ; and a statement of all moveable 
property belonging to the district. This account and 
statement is to be entered at large, and signed by them, 
at or before each annual meeting in their district. They 
should charge themselves, on one page, with the whole 
amount of money received by them, either from the Town 
Superintendent, or on tax lists or rate-bills, specifying parti- 
cularly the source whence derived, and the time when re- 



164 COMMON SCHOOL SYSTEM. 

ceived ; and on the opposite page credit themselves with 
the respective expenditures and payments, specifying par- 
ticularly to whom, when paid, and for what purpose, and 
referring to the proper vouchers on file, whenever practi- 
cable. On another page they should make an accurate 
inventory of all the moveable property belonging to the 
district, such as the library of the district, stating the num- 
ber of volumes, and their condition, and giving a cata- 
logue of the books, wherever a general reference cannot 
properly be made, as to the 1st, 2d, 3d, &c. series of the 
Harper Library, or Nos. 1, 2, 3, &c. of the Harper Library 
or Family Library, &c. &c. and the furniture, appendages 
and apparatus of the school-room, specifying each article. 
The whole to be followed by a certificate in the following 
form : 

We, the subscribers, Trustees of District No. in the town of 
Trenton, do hereby certify that the preceding, from page to 

page inclusive, contains a true and accurate account of all the 

moneys received by us, for the use of said district, and of the ex- 
penditure thereof: and a correct statement and inventory of all the 
moveable property belonging to said district. 
Dated this day of 18 

A. B.) 

C. D. S Trustees. 

E. F. ) 

LIBRARY MONEY. 

The library money is to be paid over to, or on the order 
of, a majority of the trustees, on its appearing from the 
annual report that " the library money received at the 
last preceding apportionment was duly expended accord- 
ing to law, (in the purchase of books suitable for a dis- 
trict library, or in the purchase of maps, globes, black- 
boards, or other scientific apparatus for the use of the 
schools, in the cases and in the mode prescribed by the 
late law, and which will be hereafter considered) on or 
before the first day of October subsequent to such appor- 
tionment." The report must uniformly be accompanied 
with a catalogue of the library, and must state accurately 
the number or volumes ond their condition ; and when the 
money has been expended in the purchase of apparatus, 
&c. the authority under which such expenditure has been 
made, and a full and particular inventory of the articles 
purchased, must be specifically reported. 



TRUSTEES OF SCHOOL DISTRICTS. 165 

II. THE CALLING OF ANNUAL AND SPECIAL MEFTINGS. 

Trustees have power to call special meetings of the 
inhabitants of their district liable to pay taxes, whenever 
they shall deem it necessary and proper. This power 
should be liberally exercised for the benefit of the district ; 
and special meetings should be called by the trustees, 
whenever requested for a proper and legitimate purpose, 
by a respectable number of inhabitants. The trustees 
should act as a board, whenever such meetings are directed 
to be called ; and they, or a majority of them, when all 
have been notified, may require the clerk of the district, 
either verbally or in writing, to give the necessary notices 
to the inhabitants. The object of the meeting should, in 
all cases, be specified in the notice. Where there is no 
clerk of the district, or he is absent or incapable of act- 
ing, any one of the trustees, designated by the board, may 
give the notices. 

Where the time for holding the annual meeting has for 
any reason passed, without the election of officers, and 
neither the clerk nor acting trustees give the necessary 
notices for a special meeting, authorized by ^ 18, (No. 
81,) within twenty days thereafter, any inhabitant of the 
district, qualified to vote, is authorized by ^ 17 of the act 
of May 26, 1841, (No. 79,) to notify such meeting in the 
manner provided by law, in case of the formation of a new 
district. 

HI. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. 

This duty is one of the most difficult and perplexing 
devolved upon trustees ; requiring for its proper and legal 
exercise, a strict conformity to the statutes in form as 
well as substance. A careful examination and collation of 
their various provisions in this respect becomes indispen- 
sable. Any departure from the specific directions thus 
given, is almost sure to subject the trustees to serious per- 
sonal liability, for which no indemnity is provided, as 
well as to cause embarrassment and confusion in the affairs 
of the district generally. In order to enable them to exe- 
cute this portion of their duties with accuracy and ease, 
the several steps of the process will be distinctly and par- 
ticularly pointed out ; and such directions given, as will. 



166 COMMON SCHOOL SYSTEM. 

it is hoped, prevent all liability to error in its future per- 
formance. 

1. GENERAL PROVISION. 

The general duty of trustees under this head, is com- 
prised in the 3d and 4th subdivisions of § 75, (No. 103,) 
and is as follows: "To make out a tax list of every dis- 
trict tax voted by any such meeting, (special, annual or 
adjourned,) containing the names of all the taxable in- 
habitants residing in the district at the time of making 
out the list, and the amount of tax payable by each inha- 
bitant set opposite to his name ; to annex to such tax list 
a warrant directed to the collector of the district, for the 
collection of the sums in such list mentioned, with five 
cents on each dollar thereof for his fees." 

2. TAX LIST WHEN TO BE MADE OUT. 

By § 82, (No. 120) " Every district tax shall be assess- 
ed, and the tajt list thereof be made out by the trustees, 
within one mordh after the district meeting in which the 
tax shall have been voted." 

The reason of this provision is obvious. The inhabi- 
tants and property of school districts are constantly 
changing ; and where a tax is voted for a specific pur- 
pose, it should be assessed only upon those for whose 
benefit it was voted. While the statute should therefore 
be strictly complied with, whenever it can be, yet if a 
literal compliance is prevented by accident or unavoida- 
ble circumstances, the list may be made out after the ex- 
piration of the month or thirty days ; as the statute is 
supposed to be directory, and similar to that in the case 
of the People vs. Allen, 6 Wendell, 486. The regula- 
tions of the Superintendent, on appeals, have allowed 
thirty days within which any person aggrieved, in conse- 
quence of the proceedings of any district meeting, may 
appeal : and, as will hereafter be seen, twenty days' 
notice is required to be given by the trustees, in case a 
reduction is claimed, or an original assessment becomes 
necessary. In the first case, if a copy of the appeal be 
served pirior to the expiration of the month, and before the 



TRUSTEES OF SCHOOL DISTRICTS. 167 

trustees have made their assessment, the time, during 
which such appeal is pending, is not to be computed as 
part of the month within which the tax list is to be made 
out, as the service operates as a stay of all proceedings 
in any way relating to or consequent upon the act com- 
plained of. Still the assessment when made out, must 
have reference to the property of the district, as it existed 
at the expiration of the month. In the second case, the 
trustees must make out their tax list within the month, 
although they may not be able finally to completeit. They 
should however, within the first ten days after the meet- 
ing at which the tax is voted, make out their assessment; 
so that if a reduction is claimed, or an original valuation 
is found to be necessary, they can give the twenty days* 
notice required by law, and complete their list by the ex- 
piration of the month. 

Errors in tax lists and rate-bills have often been dis- 
covered after they were made out. If discovered within 
a month from the time the tax was voted, and nothing has 
been collected, the trustees may recall them, correct the 
error, and redeliver them to the collector. But after the 
expiration of the month, and after any tax had been, in 
whole or in part collected, they did not, previously to the 
act of 1839, (modified by the act of 1843,) possess the 
power of correction. In consequence they were exposed 
to prosecutions for slight and accidental errors which 
might have been easily corrected by parties who did not 
choose to take the more convenient and summary mode 
of appealing to the Superintendent. This is now effec- 
tually remedied by ^ 13 of th6 act referred to, (No. 134,) 
by which trustees may, . of their own authority, correct 
and amend errors in.iti'aking out any tax list or rate-bill 
which may be discovered prior to the expenditure of the 
amount therein directed to be raised, and may refund to 
any person any sum improperly collected in consequence 
of such error." By availing themselves of this provision, 
trustees may now protect themselves from vexatious suits. 
They need not wait for an appeal by any party aggrieved, 
but as soon as they become aware of the existence of any 
error, they should proceed at once to correct it, and to 
refund any amount improperly collected in consequence 
of such error. 



168 COMMON SCHOOL SYSTEM. 

3. HOW, AND UPON WHOM TO BE ASSESSED, AND FOR WHAT PRO- 
PERTY. 

Trustees are required by ^ 19 of the act of May 26, 
1841, (No. 107,) to apportion taxes, '* on all taxable inha- 
bitants of the district, or corporations holding property 
therein." This provision includes, of course, all actual 
residents of the district; and is extended by §77 (No. 116,) 
to " every person owning or holding any real property 
within any school district, who shall improve and occupy 
the same by his agent or servant, whether he resides in 
the district or not." They are also to apportion taxes 
" upon all real estate lying within the boundaries of such 
district, the owners of which shall be non-residents, and 
which shall be liable to taxation for town or county pur- 
poses, and shall be situated within three miles of the site 
of the school-house in such district." This includes un- 
cultivated and unimproved lands owned by non-residents, 
and situated in the district ; and is an extension of the 
power given by § 88 [78 of the old act,] which limited the 
lands of non-residents, subject to taxation, to those which 
were actually cleared and cultivated. The trustees may, 
in their discretion, omit to assess any tract or parcel of 
unoccupied non-resident land in their district, where the 
proportion of the tax payable therefor, would not amount 
to fifty cents. This provision is inserted to save the trou 
ble of the subsequent proceedings rendered necessary in 
such cases, where so small a sum only can be finally col- 
lected. 

The apportionment is also to be made according to the 
valuations of the taxable property which shall be owned 
or possessed by them, [the inhabitants of the district, &c 
as aforesaid,) at the time of making out such list; within 
such district, or partly within such district and partly in 
an adjoining district. 

Taking these provisions together, the following general 
principles may be deduced : 

1. AH the actual inhabitomts of a district are to be taxed 
for the whole property, real and personal, owned or held 
by them within the district. Executors and administra- 
tors having in their possession or under their control the 
X)roperty of their testator or intestate, within the district 



TRUSTEES OF SCHOOL DISTRICTS. 169 

are taxable therefor, in their representative capacity, as 
executors, &c. 

2. They are also taxable for any real property owned 
by them, lying partly within such district and partly in 
an adjoining district — that is, for such property as at the 
time of making out the tax list is owned by them and in- 
tersected by the boundaries of the district. In this respect 
the old law is not substantially altered. Nor is it in any 
sense material when the title of the owner to the whole 
or any part of the land so intersected accrued, whether 
before or after the organization of the district, so that it 
belonged to him at the time of making out the tax list, and 
is then intersected by the boundaries of such district. In 
such case, no matter what may be the respective propor- 
tions of the land owned in each district, the owner is tax- 
able for the whole farm or property belonging to him, and 
so comiected, in the district where he resides, only; and be- 
ing so liable there, he cannot, of course, be taxed for the 
same property in any other district. 

The principles of law applicable to the taxation for 
school district purposes, of real estate intersected by the 
boundary line between two districts, are these : Each in- 
habitant of a school district is taxable, under § 19, of the 
act of 1841, (No. 107, laws, &c. relating to common 
schools,) in the district where he actually resides " accord- 
ing to the valuations of the taxable property which shall 
be owned or possessed by him, at the time of making out 
such list, within such district, or partly within such dis- 
trict and partly in an adjoining district." This principle 
has been repeatedly recognized and asserted ; and the 
only difficulty consists in its practical application to a class 
of cases supposed to come within the purview of a series 
of decisions made by Superintendents Flagg and Dix, 
confining its operation to the period of the organization of 
the district. At page 24 of the volume of " Common 
School Decisions," Mr. Flagg says, "The principle is, 
that where a line between two districts runs through a 
man's farm, he shall be taxed for the whole of his farm, 
in the district where his house stands, or where he re- 
sides." And he observes that on this point the law is 
clear, and that such has been the construction given it. 
'* The same principle," he adds, " governs in the town 



170 COMMON SCHOOL SYSTEM. 

assessments ;" the provision of law in this respect being 
that " where the line between two towns divides any oc- 
cupied lot or farm, the same shall be taxed in the town 
where the occupant lives, provided he or she lives on the 
lot." At page 69, however, of the same volume, he lays 
down the rule in the following^ terms : " Where a person 
purchased a lot in an adjoining district, along side of his 
farm, it was decided that he was taxable for the lot pur- 
chased, in the district where it was situated. If his farm 
had been intersected by the district line when the com- 
missioners formed it, then he would have been assessed 
for his whole farm in the district where his house was 
situated ; but the lot purchased is a distinct lot, and the 
lines of districts cannot be changed by individual pur- 
chases." The same doctrine is asserted in a subsequent 
decision made by Gen. Dix, at page 128 of the volume 
referred to. These two decisions have been repeated- 
ly over-ruled by subsequent Superintendents, upon the 
ground that they establish a criterion by which to deter- 
mine the liability of property to taxation, in the class of 
cases under consideration, not recognized by the statute, 
viz. intersection by the boundary line of the district, at 
the time of the formation of the district, instead of at the 
time of making out the tax list. The language of the 
statute, in this respect, seems to be clear and expli- 
cit: "In making out a tax list, the trustees of school 
districts shall apportion the same on all the taxable inhab- 
itants of the district, or corporations holding property 
therein, according to the valuations of the taxable property 
which shall be owned or possessed by them, at the time 
of making out such list, within such district, or partly 
within such district and partly in an adjoining district." 

The owner and occupant of a farm, therefore, situated 
partly in two adjoining districts, is taxable in the district 
where he actually resides, for the whole farm, provided 
he occupies or improves the whole, as one farm, either by 
himself, his agents, or servants. So if the owner of a 
farm situated wholly in one district, purchases a piece of 
land adjoining his farm, in another, and occupies the 
whole as one farm, it is taxable only in trie district where 
such owner resides. 

If, however, there is a tenant on that portion of the 



TRUSTEES OF SCHOOL DISTRICTS, 171 

farm situated in a different district from that of the own- 
er's residence, such tenant is taxable in the district where 
he resides, for so much of the property as he rents or 
leases. 

This rule of taxation in no respect interferes, as has 
frequently been supposed, and as seems to be inferred 
from the tenor of the above named decisions of Messrs. 
Flagg and Dix, with the boundaries of the respective dis- 
tricts. They remain unaltered and unaffected ; so that 
if that portion of a farm situated in a district other than 
that of the owner's residence, should again be sold to an 
inhabitant of the district in which it is situated, it would 
again become taxable in that district. The rule is one 
simply of taxation : and no more interferes with the terri- 
torial organization of districts, than does the corresponding 
principle applicable to town assessments, with the boun- 
dary lines of towns or counties. It is based upon the in- 
justice and inexpediency of requiring an inhabitant of one 
district to contribute to the expense of supporting the 
schools in another, merely because a part of his farm ex- 
tends beyond the boundary line of his district, and opera- 
ting, as it does, equally in every district, furnishes a guide 
to trustees in the assessment of taxes, which relieves them 
from much embarrassment and labor, otherwise unavoid- 
able, in determining as to the relative value of detached 
portions of the same farm situated on either side of the 
boundary line of their districts. 

3. All non-resident ovi^ners of real estate in the district, 
who improve and occupy the same by their agents or ser- 
vants, are by ^ 77, (No. 116,) taxable therein for the pro- 
perty so owned, improved and occupied, in the same man- 
ner as though they actually resided therein. This provi- 
sion is also to be construed in connexion with those above 
referred to, and is applicable in its full extent only to ca- 
ses where the property so occupied is wholly situated in 
the district. Where it is situated partly in the district 
where the owner actually resides, it is taxable only in that 
district. And where it is situated partly in two or more 
districts, in neither of which the owner resides, each dis- 
trict must tax such owner only for the part actually with- 
in its boundaries. It is also to be borne in mind that this 
class of cases is distinct from that in which the land is 



172 COMMON SCHOOL SYSTEM. 

occupied by a tenant — and also from that in which it is so 
occupied by a person working it under a contract for a 
share of the produce of such land. In each of these cases 
the actual possessor is to be taxed in the same manner as 
though he were the owner. See § 27, No. 115,) and § 83. 
(No. 121.) 

4. All real estate situate in a district, within three miles 
of the school-house therein, and owned by non-residents, 
not included in either of the above class of cases, is also 
liable to taxation, and forms the subject of the directions 
contained in ^ 20 to 26 inclusive, in the act of 1841, (Nos. 
108 to 114, both inclusive.) 

5. Land, in the district belonging to corporations ^ whe- 
ther cultivated or not, is taxable for school district purpo- 
ses. The provision in the act of 1841, in this respect, 
produces a material alteration of the law as it formerly 
stood, and renders turnpike and railroad corporations tax- 
able for so much of the land owned by them as is situated 
within the respective school districts through which their 
roads pass. Such corporations and all others, are to be re- 
garded as residents of the districts where their principal 
place of carrying o^ business is situated, and non-resi- 
dents elsewhere. The mode of proceeding where they 
are non-residents is specifically pointed out by § 20 of the 
act of 1841, (No. 108,) and the subsequent sections. 

By a decree of the chancellor of this state, 4th vol. 
Paige's Chan. Rep. 384, it has been decided that railroad 
" companies, whose stock, or the principal part thereof, is 
vested in the lands necessary for their roads, and in their 
railways and other fixtures connected therewith, are taxa- 
able on that portion of their capital as real estate in the 
several towns or wards in which such real estate is situa- 
ted." They are, of course, taxable in school districts for 
common school purposes, on so much of such real estate as 
is included within the boundaries of those districts. 

In the decree referred to, it was also decided, that such 
real estate " is to be taxed upon its actual value at the 
time of the assessment, whether that value is more or less 
than the original cost thereof." 

In ascertaining the value of so much real estate as is 
included within the boundaries of a school district, the 
trustees must, from the necessity of the case, be guided 



TRUSTEES OF SCHOOL DISTRICTS. 173 

by the best evidence which it is in their power to obtain. 
They should ascertain from the assessment roll of the town, 
the aggregate value of so much of the real estate of the 
company as is within the town. They should then as- 
certain whether the proportion of that value, in respect to 
the railway included within their district, is equal to the 
value of the whole of the real estate of the company in- 
cluded within another district in which the lenorth of the 
railway is the same. This cannot always be the case, 
for within the boundaries of one school district the com- 
pany will have a depot, while it has none in another dis- 
trict. Within one school district, the railway may have a 
double, while in another, it may have but a single track. 
All these circumstances must be ascertained and taken 
into consideration by the trustees. If the company has in a 
school district nothing but its railway, and has a depot 
within the same town, then the value of the depot should 
be deducted from the valuation of the real estate of the 
company on the last assessment roll of the town, as pre- 
liminary to a valuation of that part of the railway which 
is within the boundaries of such district. — Common School 
Dec, 350. 

Banks are taxable for common school purposes. — Id. 87. 

Associations formed under the general hanking law are 
corporations^ and as such liable to taxation on their capi- 
tal.— 1 HilVs Rep. 616; 3 id. 389. 

PROCEEDINGS IN CASE OF UNOCCUPIED AND UNIMPROVED NOIf-RESI- 

DENT LANDS. 

Where any real estate within a district liable to taxa- 
tion is unoccupied, the trustees at the time of making out 
their tax list are required by § 20 of the act of 1841, 
(No. 108,) whenever they impose a tax on such property 
" to make and insert in such tax list, a statement and 
description of every such lot, piece or parcel of land so 
owned by non-residents therein, in the same manner as 
required by law from town assessors in making out the 
assessment rolls of their towns." If the tax is returned 
by the collector unpaid, upon receiving from him an 
account thereof, with the descriptions of the property as 
directed to be made, and the amount of the tax, together 
with an affidavit of the fact of non-payment, and of due 



174 COMMON SCHOOL SYSTEM. 

diligence used for the collection, the trustees are to credit 
him with the amount, ^ 21, (No. 109,) to compare the 
account so rendered with the original tax list, certify to its 
accuracy, and transmit it, together with the collector's 
affidavit and their certificate to the county treasurer, § 22, 
(No. 110,) who is to pay the amount so returned out of 
any moneys in the treasury raised for contingent expenses. 
§ 23, (No. 111.) Such county treasurer is to lay the 
account, affidavit and certificate before the board of super- 
visors, who are to cause the amount of such unpaid taxes, 
with seven per cent in addition, to be levied on the lands 
of the respective non-residents liable to pay the same ; 
which amount when collected, is to be returned to the 
county treasury, to reimburse the amount so advanced, 
with the expense of collection. ^ 24, (No. 112.) Any 
person whose lands are included in any such account, 
may pay the tax assessed thereon to the county treasurer, 
at any time before the board of supervisors shall have 
directed the same to be levied. ^ 25, (No. 113.) The 
same proceedings are to be had for the collection of the 
amount so directed to be raised by the board of supervi- 
sors, as are provided by law in relation to taxes on non- 
resident lands generally ; and upon a return to the comp- 
troller of the arrears uncollected, the amount is to be paid 
on his warrant to the county treasurer, and the state is to 
collect the same in the manner prescribed by law in 
respect to arrears of county taxes upon lands of non-resi- 
dents. § 26, (No. 114.) 

To enable trustees the better to perform the duties thus 
devolving upon them, that portion of the Revised Statutes 
referred to in § 20, (No. 108,) and which is applicable, is 
hereto annexed : 

" ^ 11. The lands of non-residents shall be designated 
in the same assessment roll, but in a part thereof separate 
from the other assessments, and in the manner prescribed 
in the two following sections. 

" § 12. If the land to be assessed, be a tract which is 
subdivided into lots, or be part of a tract which is so sub- 
divided, the assessors shall proceed as follows : 

" 1. They shall designate it by its name, if known by 
one, or if it be not distinguished by a name, or the name 



f.* 



TRUSTEES OF SCHOOL DISTRICTS. 175 

be unknown, they shall state by what other lands it is 
bounded : 

"2. If they can obtain correct information of the sub- 
divisions they shall put down in their assessment rolls, 
and in a first column, all the unoccupied lots in their town 
or ward, owned by non-residents, by their numbers alone 
and without the names of their owners, beginning at the 
lowest number and proceeding in numerical order to the 
highest : 

" 3. In a second column, and opposite to the number of 
each lot, they shall set down the quantity of land therein, 
liable to taxation : 

" 4. In a third column, and opposite to the quantity, 
they shall set down the valuation of such quantity : 

" 5. If such quantity be a full lot, it shall be designated 
by the number alone ; if it be a part of a lot, the part 
must be designated by boundaries, or in some other way, 
by which it may be known. 

" ^ 13. If the land so to be assessed be a tract which is 
not subdivided, or if its subdivisions can not be ascertaind 
by the assessors, they shall proceed as follows ; 

" 1. They shall enter in their roll the name or bounda- 
ries thereof, as above directed, and certify in the roll that 
such tract is not subdivided, or that they can not obtain 
correct information of the subdivisions, as the case may 
be: 

"2. They shall set down in the proper column, the 
quantity and valuation as above directed ; 

" 3. If the quantity to be assessed be the whole tract, 
such description by its name or boundaries will be suffi- 
cient ; but if a part only is liable to taxation, that part or 
the part not liable, must be particularly described : 

" 4. If any part of such tract be settled and occupied 
by a resident of the town or ward, the assessors shall 
except such part from their assessment of the whole tract, 
and shall assess it as other occupied lands are assessed." 

The residue of the sections relates to the making of a 
map which is supposed not to be applicable to trustees of 
school districts ; if a map is already on file the trustees 
might refer to it in aid of their descriptions. 



176 COMMON SCHOOL SYSTEM. 

4. VALUATIONS OF PROPERTY, HOW ASCERTAINED, AND MODE OF 
PROCEEDING WHEN REDUCTION IS CLAIMED. 

. The valuations of taxable property are to be ascertained, 
as far as possible, from the last assessment roll of the town, 
and no person is entitled to any reduction in the valuation 
so ascertained, unless he gives notice of his claim to such 
reduction to the trustees of the district before the tax list 
shall be made out.— ^ 79, (No. 117.) 

The assessment roll of the town, when signed and cer- 
tified according to the provisions of the 26th section of 
title 2, chap. 13, 1 Revised Statutes, is to be deemed the 
last assessment roll of the town. By § 27, of the same 
title, this roll is to be delivered to the supervisor of the 
town on or before the first day of September in each year, 
to be by him delivered to the board of supervisors at their 
next meeting. 

According to the opinion of the supreme court in 7 
Wendell, 89, the roll is then to be deemed completed, so 
that the trustees may use it as the basis of their tax list. 
It is true that it may afterwards be altered by the board 
of supervisors, by increasing or diminishing the aggregate 
valuation of real estate of the town to make it correspond 
with that of other towns. But it is obvious this will not 
affect the proportion between the inhabitants of the same 
town, so that an assessment apportioned on either roll 
would be the same, so far as the real estate is concerned. 
Should the proportions be varied when real and personal 
estates are assessed to the same person, yet under the de- 
cision referred to, the tax list made out upon the assess- 
ment roll as completed by the assessors before any varia- 
tion made by the supervisors would be valid. If any 
change is made by them, a subsequent tax list should 
vary also in the same particulars. Generally, the roll 
completed by the assessors will be a guide, but the trust- 
ees cannot be safe without recurring to the roll after its 
correction by the supervisors, as it has been held by the 
supreme court in the case above referred to, and in other 
cases, that if the tax list is made upon an assessment roll 
that is not the last valid one, the trustees will be person- 
ally liable. 

The question is often raised, how far, and to what ex- 
tent, the last assessment roll of the town is to be followed 



TRUSTEES OF SCHOOL DISTRICTS. 177 

in the valuations of trustees in levying taxes. It is to be 
adopted as the sole guide, where a valuation has actually 
been made by the assessors on property, the condition of 
which remains substantially the same. But where im- 
provements have been made on real estate which has 
thereby actually been enhanced in value since the last 
assessment roll was completed, or where any material 
change has occurred in the situation of the property, it is 
obvious that the last assessment roll ceases to be a stand- 
ard of valuation. So, where an inhabitant acquires or 
parts with personal property, since the assessment roll was 
made out. And it is to be recollected that trustees are 
bound to follow the last assessment roll as far as possible, 
only with reference to the valuations of property. Where 
it has changed hands, they are to put the assessment to 
the present owner, adopting the valuation of the town as- 
sessors. Where, for instance, one inhabitant sells his 
farm to another, the trustees, in levying a tax, are to assess 
the farm to the vendee, at the valuation of the town as- 
sessors, where no substantial improvement enhancing its 
value has occurred in the mean time; reducing, if the cir- 
cumstances require it, the valuation of his personal prop- 
erty, by the amount paid or secured to be paid as the con- 
sideration money of the purchase, and increasing by the 
same amount the valuation of the personal estate of the 
vendor. In either of these cases, however, as an original 
valuation by the trustees in part would become necessary, 
the proceedings prescribed by § 80 (No. 118,) would be 
requisite. But where a mere exchange of real estate is 
effected, no change in the valuations should be made, un- 
less in the cases above specified, of substantial improve- 
ments or alterations ; the names of the respective persons 
liable, only, requiring to be changed. 

Where a reduction is duly claimed, and where, for any 
reason, the valuation of taxable property cannot be ascer- 
tained from the last assessment roll of the town, the 
trustees are required by § 80, (No. US,) to "ascertain the 
true value of the property to be taxed from the best evi- 
dence in their power, giving notice to the persons interest- 
ed, and proceeding in the same manner as the town asses- 
sors are required by law to proceed in the valuations of 
taxable property." The proceedings to be had in such 

12 



178 COMMON SCHOOL SYSTEM. 

cases are specifically and particularly pointed out in the 
following extract from the Revised Statutes relating to 
the assessment of taxes. Substituting the word " trust- 
ees" for "assessors," wherever it occurs, the directions 
there given will afford a perfect guide in all proceedings 
under section SO. It has been decided by the Superin- 
tendent, p. 319, Decisions^ &c. that the notice may be 
given by posting it in three public places. It is to be 
given in all cases of variation from the town assessment 
roll. 

" ^ 15. If any person whose real or personal estate is 
liable to taxation, shall at any time before the assessors 
shall have completed their assessments, make affidavit 
that the value of his rea.^ estate does not exceed a certain 
sum, to be specified in such affidavit; or that the value of 
the personal estate owned by him, after deducting his just 
debts, and his property, invested in the stock of incorporated 
companies, liable under this chapter to taxation on their 
capital, does not exceed a certain sum, to be specified in 
the affidavit, it shall be the duty of the assessors to value 
such real or personal estate, or both, as the case may be^ 
at the sums specified in such affidavit, and no more." 

" § 16. If any trustee, guardian, executor or adminis- 
trator, shall specify, by affidavit, the value of the property 
possessed by him, or under his control, by virtue of sucn 
trust, after deducting the just debts due from him, and 
the stock held by him in incorporated companies liable to 
taxation, in that capacity, the assessors shall in like man- 
ner value the same at the sum specified in such affidavit.'* 

" ^ 17. All real and personal estate liable to taxation, 
the value of which shall not have been specified by the 
affidavit of the person taxed, shall be estimated by the as- 
sessors at its full value, as they would appraise the same 
in payment of a just debt, due from a solvent debtor." 

After completing the assessment roll, section 19 pro- 
vides that the assessors *' shall make out one fair copy 
thereof, to be left with one of their number. They shall 
also forthwith cause notices thereof to be put up at three 
or more public places in their town or ward." 

" ^ 20. Such notices shall set forth tha« the assessor? 
have completed their assessment roll, and that a copy 
thereof is left with one of their number, lo be designated 



TRUSTEES OF SCHOOL DISTRICTS. 17$ 

in such notice, at some place to be specified therein, where 
the same may be seen and examined by any of the inha- 
bitants of the town or ward during twenty days; and that 
the assessors will meet on a certain day, at the expiration 
of such twenty days, and at a place to be specified in such 
notice, to review their assessments, on the application of 
any person conceiving himself aggrieved.'' 

" ^ 21. The assessor with whom such assessment roll 
is left shall submit the same, during the twenty days spe- 
cified in such notice, to the inspection of all persons who 
shall apply for that purpose." 

" § 22. The assessors shall meet at the time and place 
specified in the notice, and on the application of any per- 
son conceiving himself aggrieved by their assessment, 
shall review such assessment. And when the person ob- 
jecting thereto, shall not previously have made affidavit 
concerning the value of his property, pursuant to the fif- 
teenth and sixteenth sections of this title, the assessors 
shall, on the affidavit of such person, made as provided in 
those sections, reduce their assessments to the sum speci' 
fi.ed in such affidavit." 

" § 23. If the person objecting to the assessment can 
show by other proof than his own affidavit, to the satis- 
faction of the assessors, or of a majority of them, that 
such assessment is erroneous, the assessors shall review 
and alter the same, without requiring any such affidavit." 

" § 24. Where any person in possession of personal 
property liable to taxation, shall make affidavit that such 
property, or any part thereof, specifying what part, is pos- 
sessed by him as agent for the owner thereof, and shall 
disclose in such affidavit the name and residence of the 
owner, the assessors, if it shall appear that such owner is 
liable to be taxed under this chapter, shall not include such 
personal estate in the assessment of the property of such 
possessor." 

" § 25. The affidavit specified in this article, shall be 
made before the assessors, or one of them, either of whom 
is hereby authorized to administer an oath for that pur- 
pose; and the assessors shall cause all such affidavits to 
be filed in the office of the town clerk." 

It will be observed, that under the provisions of the act 
of 1841, (No. 107, ^ 19,) it is no longer necessary that 



ISO COMMON SCHOOL SYSTEM. 

the agent or servant of the non-resident owner should reside 
on, or " improve and occupy" land situated within the 
boundaries of the district, in order to render such non-resi- 
dent owner liable to taxation ; provided such land is tax- 
able for town and county purposes, and is situated within 
three miles of the site of the school-house of the district 
in which it lies. 

A non-resident owner is taxable for land occupied by 
^n agent ; but not, if occupied by a tenant. If the person 
living on the premises rents the land as tenant, such ten- 
ant is liable to be taxed for the premises so occupied by 
him. — Com. School Dec. 27. The principle of this deci- 
sion is fully sustained by the supreme court in the case 
of Dubois vs. ThornCy 7 Wendell, 5 IS, in which a lessee 
of a non-resident owner was held liable for a tax for a 
part of a lot, and two sub-tenants for the parts occupied 
by them respectively. The court observed that the mere 
ownership of the property, without occupation by himself, 
his agent, or servant, was not sufficient to charge the non- 
resident owner with the tax. As the law now stands, 
however, such ownership will be sufficient in the absence 
of any occupation by a tenant. 

A saw-mill^ having an agent or servant in charge of it, 
is taxable to the non-resident owner. — Com. School Dec. 
82. So a factory unoccupied, is taxable to the non-resi- 
dent owner. — Id. 100. 

Where there is a known error in the town assessment, 
the trustees may correct it in the district assessment. For 
instance, if a* resident of a'distiict should purchase or sell 
a lot after the town assessment had been made, the 
trustees would be required to vary the district assessment 
accordingly. But where there is no change in the pro- 
perty of the district, and the valuation is a matter of opi- 
nion merely, the trustees must be guided by the last 
assessment roll of the town, even though in their judg- 
ment such property, or any portion of it, is worth more or 
less than the estimate put upon it by the town assessors. — 
Com. School Dec. 3. 

Alterations by the trustees from the last assessment roll 
of the town, by reason of improvements subsequently 
made, in consequence of which the property assessed has 



TRUSTEES OF SCHOOL DISTRICTS. 191 

become enhanced in value, should be made only where 
such improvements are complete. — Id. 194. 

In assessing taxes in joint districts, the last assessment 
roll in each totmimiisi be followed, with respect to the lax- 
able property within it, notwithstanding the standard of 
valuation adopted by the assessors of the respective towns 
may be different. — Id. 315. 

Trustees cannot assess an individual for personal pro- 
perty if he has been taxed for none on the last assessment 
roll of the town, on the supposition that he may have 
more than his debts amount to. The assessment roll of 
the town settles the matter, and the trustees cannot vary 
the amount but from some knowledge of an alteration 
after that roll was made out, or to correct some known and 
acknowledged error. — Id. 342. 

Where land owned by the same person is situated in 
different districts in the same town, but all included un- 
der one assessment by the town assessors, if all the land 
is of the same description^ and was actually valued at the 
same rate per acre, without any variation on account of 
improvements or otherwise ; or if it appears on the roll at 
what rates the separate parts were valued, then the valua- 
tion of the portion situated in any particular district may 
be ascertained by the trustees from such last assessment 
roll. But if the valuation by the town assessor was ge- 
neralj and the land was of different degrees of quality or 
value; or if a dwelling house, or other improvements are 
situated in one district, and none in another, a new and 
original assessment must, in such case, be made by the 
trustees, giving the notices, &c. and proceeding in the 
mode required by law. — Per Spencer, Supt. Jan. 1841. 

Unless a reduction is claimed, or some departure from 
the last assessment roll of the town becomes necessary, 
trustees are not required to give notice of the assessment 
of a tax. — Co?)i. School Dec. 40. 

Land purchased after a tax is voted, but before the tax 
list is made out, must be assessed to the purchaser if he 
resides in the district. — Id. 8. 

Persons leasing specific portions of a lot are to be taxed 
for so much as they lease. — Id. 16. 



182 COMMON SCHOOL SYSTEM. 

Persons about to remove from a district must be includ- 
ed in a lax list, if they are actually inhabitants when the 
list is made out. — Id. 66. 

A store and lot must be taxed in the district in which 
they are situated; but goods in a store are to be taxed in 
the district in which the owner resides. Real estate is 
taxable where it lies, and personal property where the 
owner resides. — Id. 71, 86. 

Bridge companies are taxable in the district where the 
tolls are collected. — Id. 74. 

If a person owns two farms, and the district line sepa- 
rates them, and they are separately occupied, he is liable 
to be taxed for each farm in the district where it lies. 
But if they are occupied as one farm the whole is taxable, 
only in the district where the owner resides. — Id. 81. And 
see ante. 

The general rule is, that where a new district is formed, 
and the line intersects a farm, the whole farm is to be 
taxed in the district where the owner resides. Separate 
tenancies, are however, exceptions to this rule. When a 
part of a farm is leased, it ceases to be an entire posses- 
sion, and the part so leased must, with regard to taxation, 
be considered as following the residence of the lessee or 
tenant.— Id. 103. 

The vendor of a farm remaining in possession is liable 
for taxes assessed on it. — Id. 83. 

Trustees are bound to know the condition of the taxable 
property of their district, so that in assessing taxes no 
person shall be improperly taxed. — Id. 108. 

The toll-house and gate of a turnpike or bridge com- 
pany, including a lot no more than sufficient for the ac- 
commodation of the toll-gatherer, are necessary appen- 
dages to the franchise, and taxable as personal estate in 
the district where the principal office of the company for 
the transaction of its business, is situated. — Id. 135. 

Two or more taxes voted at the same time may be in- 
cluded in the same tax list. — Id. 158. 

If a taxable inhabitant sells his farm and remains in 
the district, he is liable to be taxed on the amount of the 
purchase money paid, or secured to be paid, as personal 
property, and the purchaser is taxable for the farm accord- 



TRUSTEES OF SCHOOL DISTRICTS. 18^ 

ing to its assessed value on the last assessment roll of the 
town.~Id. 285, 342. 

Trustees must include in a tax list every taxable inha- 
bitant residing- in the district at the time the list is made 
ont— Id. 109, 342. 

If before a tax is assessed, the trustees ascertain that 
the whole amount voted will not be required, they ma" 
make out a tax list for a smaller sum. — Id. 342. 

If an inhabitant removes from a district before the end 
of one month after a tax is voted, and before the tax list 
is delivered to the collector, he cannot be included in it : 
the tax list, while remaining in the hands of the trustees, 
not being complete ; except in cases where notice is re- 
quired to be given in pursuance of luw. — Id. 357, as sub- 
sequently modified by Young, Sicperintendent. 

A tenant is taxable, whether a householder or not, for 
land occupied and improved by him. He may board out, 
and yet if he hire the lot and improve it, as a tenant, he 
is taxable for it. — Id. 155. 

The temporary occupancy of a house, on a farm, by a 
person hired to work it by the month, does not, however, 
constitute such a tenancy as to subject such occupant to 
taxation for the farm. He can be regarded only as agent 
for the owner. — Per Dix, Superintendent, 1837. 

Where trustees omit to include in their tax list property 
legally subject to taxation, no person can take advantage 
of such omission, on appeal or otherwise, unless he has 
specifically pointed out the error to the trustees, and re- 
quired its correction. — Per Spencer, Superintende?it, 1840. 

Where a person assessed for a greater number of acres 
than his farm contains, omits to claim a reduction when 
the tax is assessed by the trustees, he will not be relieved 
subsequently on appeal. — Com. School Dec. 341. 

Trustees, guardians, executors and administrators are 
taxable in their representative character, where they re- 
side, for all the personal estate or property in their posses- 
sion, or under their control, belonging to the cestuique 
trust, ward, testator or intestate whom they represent. By 
^ 10, 1 R. S. 391, a deduction is to be made by the asses- 
sors for debts due from the individual assessed, in his re- 
presentative character, as specified in ^ 27, 2 R. S. 87. 
It is in the power of such trustees, guardians, executors or 



184 COMMON SCHOOL SYSTEM. 

administrators, to claim a reduction under the provisions 
of § 79 of the school act above referred to ; and under 
^ 16, 1 R. S. 392, they may reduce the amount of such 
assessment by a specification of the value of the property. 
The question whether the real owners of the property are 
to be directly or indirectly benefitted by the expenditure 
of the tax assessed upon it, does not appear to have 
been one of the considerations in the provisions above 
referred to : for it is manifest that the personal property 
in the hands of a trustee, guardian, &c. in Buffalo is lia- 
ble to be taxed there, although the real parties in interest 
may live in Albany. After the administration of an es- 
tate in the hands of an executor or administrator, upon 
the rendition and settlement of a final account of his pro- 
ceedings, the personal property is of course no longer lia- 
ble to taxation where he resides ; but so long as it is in 
his possession, or under his control, it is so liable. — Id. 
157, 230. 

PERSONS AND PROPEKTY EXEMPT FROM TAXATION. 

By ^ 81, (No. 119,) the trustees, in assessing a tax for 
building a school-house, are to exempt any person set off 
to their district without his consent, from any other district, 
within four years preceding the assessment of such tax, 
who shall have actually paid within that period, in the 
district from which he was taken, under a lawful assess- 
ment therein, a district tax for the same purpose. The 
burden of proof in this case, undoubtedly rests with the 
person claiming the exemption, as the trustees can have 
no official knowledge of the fact. 

This exemption does not extend to taxes for repairs, or 
for any other purposes than building a school-house. 

By § 4, of chap. 13, 1 R. S. 379, (2d edition,) the fol- 
lowing property is declared to be exempt from taxation: 

1. All property, real or personal, exempted from taxation 
by the Constitution of this state or of the United States : 

2. All lands belonging to this state or to the United 
States : 

3. Every building erected for the use of a college, in- 
corporated academy or other [incorporated] seminary of 
learning ; every building for public worship ; every school- 



TRUSTEES OF SCHOOL DISTRICTS. 185 

house, court-house and jail ; and the several lots where- 
on such buildings are situated, and the furniture belong- 
ing to each of them : 

4. Every poor-house, alms-house, house of industry, 
and every house belonging to a company incorporated for 
the reformation of offenders, and the real and personal 
property belonging to or connected with the same : 

5. The real and personal property of every public 
library : ' 

6. All stocks owned by the state or by literary or chari- 
table institutions : 

7. The personal estate of every incorporated company 
not made liable to taxation on its capital by law: 

8. The personal property of every minister of the gos- 
pel or priest of any denomination ; and the real estate of 
such minister or priest when occupied by him ; provided 
such real and personal estate do not exceed the value of 
$1,500. If such real and personal estate or either of 
them exceed the value of $1,500, that sum is to be de- 
ducted from the valuation of the property of such minis- 
ter, and the residue is liable to taxation : 

9. All property exempted by law from execution. 

The land owned by a minister of the gospel, if rented, 
can be taxed to the tenant. It is exempt from taxation to 
a certain extent only when occupied by such minister. If, 
however, the occupant is the agent merely of the minis- 
ter, so as to render it necessary to make out the assess- 
ment against the latter, as owner, the property is then 
exempt. 

Land occupied by a minister of the gospel, as tenant, 
has been held exempt to the amount of $1,500, under the 
provision above quoted. — Com. School Dec. 61. 

6. WHEN TAXES MAY BE IMPOSED BY TRUSTEES WITHOUT BEING 
SPECIFICALLY VOTED. 

By § 14 of the act of 1841, (No. 127,) "When the 
trustees of any school district are required or authorized 
by law, or by vote of their district, to incur any expense 
for such district, and when any expenses incurred by them, 
are made by express provision of lavv a charge upon such 
district, they may raise the amount thereof by tax in the 
same manner as if the definite sum to be raised had been 



186 COMMON SCHOOL SYSTEM. 

voted by a district meeting, and the same shall be col- 
lected and paid over in the same manner." 

When Town Superintendents of common schools have 
ascertained the proportion belonging to a new district, of 
the value of the property of the one from which it was 
wholly or in part formed, the trustees of such last men- 
tioned district are required by ^ 69, (No. 94,) to levy, 
raise and collect such proportion, with the fees for collec- 
tion, upon the taxable inhabitants of their district, " in the 
same manner as if the same had been authorized by a 
vote of their district for the building of a school-house;" 
and when collected, to pay over the amount to the trust- 
ees of the new district, " to be applied by them towards 
procuring a school-house for their district ; and the mo- 
neys so paid to the new district shall be allowed to the 
credit of the inhabitants who were taken from the former 
district, in reduction of any tax that may be imposed for 
erecting a school-house." That portion of the moneys so 
paid arising from the valuation of the district library, can 
only be applied to the purchase of books, or in reduction 
of any tax that may be imposed for their purchase. 

The amount so raised is to be allowed only " to the 
credit of the inhabitants who were taken from the former 
district.''^ It cannot be applied to the benefit of their 
grantees, assignees, or successors, in case they subsequently 
remoVe out of the district before an opportunity is afforded 
for its application in their own behalf ; and in such cases 
it must of necessity be applied to the general purposes for 
which taxes are raised. 

It is also to be borne in mind that such proportion is 
only to be ascertained and raised in the case of the forma- 
tion of a new district ; and that the provision in question is 
not applicable to the case of the annexation of inhabitants, 
with or without their consent, from one existiiig district 
to another. 

By M of the act of 1841, (No. 96,) " in cases where 
by the dissolving a district, its school-house, or other pro- 
perty shall be annexed to or included in another district, 
the officer by whose orders such dissolution was effected, 
shall appraise such property in the manner provided by 
law in cases of the creation of new districts; and the pro- 
portions assigned to the inhabitants of such dissolved dis- 



TRirSTEES OF SCHOOL DISTRICTS. 



187 



trict who are not annexed to the district which includes 
the school-house or other property, shall be raised by the 
trustees of such last mentioned district, and paid over to 
the trustees of the district to which such inhabitants are 
annexed, in the same manner as in case of the creation 
of a new district, and to be applied to the same purpose.'* 

By § 11 of the act of 1841, (No. 122,) the trustees are 
required to purchase two blank books, for the purposes spe- 
cified in that section, and by sub. 1. of § 74 (No. 102,) a 
book is to be provided for recording the proceedings of 
the district. The trustees will be justified in imposing a 
tax, or adding to the amount of any voted by the district, 
for the expense of these books. 

They are also to impose a tax for the deficiency of 
•teachers' wages, occasioned by the exemption of indigent 
pupils, as will .be explained in the remarks on that subject. 

7. Form, of a District Tax List to raise any tax voted or charged 
on a District, and of a Warrant for its collection. 

List of Taxes apportioned by the Trustees of District No. in 

the town of Trenton, on the taxable inhabitants of the said district, 
and corporations holding property therein, and upon real estate ly- 
ing within the boundaries of such district, the owners of which are 
non-residents thereof, for the purpose of raising the sum of 
laid and charged on the said district, according to law. 



Names of inhabitants and 
corporations. 


Amount of 
taxes. 




$6 00 
60 00 
50 00 


The President, Directors and Company 


James Thomas, executor of the estate 





Statement and description of unoccupied and unimproved Lands of 
non-residents of said district, upon which a tax has been imposed 
as above stated. 



No. and description of lots and 
parts of lots. 


Quant, of land 
therein liable 
to taxation. 


Valuation of 
such quan- 
tity. 


Amount of 
tax. 


■Xn 17 


10 acres. 
6 " 


$25 00 
6 00 
10 00 


$0 75 
50 
62^ 


Southwest quarter of lot No. 23, 


Or, 
Tract.the subdivisions of which 
cannot be ascertained, bound- 
ed north by lot No. 17, south 
by north line of A. B, east by 
lot 16, and west by town line. 




18S COMMON SCHOOL SYSTEM. 

To the Collector of School District No. in the town of Tren- 
ton, in the county of Oneida. 

You are hereby commanded to collect from each of the taxable 
inhabitants and corporations named in the foregoing list, and of the 
owners of the real estate described therein, the several sums men. 
tioned in the last column of the said list, opposite to the persons 
and corporations so named, and to the several tracts of land so de- 
scribed, together with five cents on each dollar thereof for your 
fees ; and in case any person, upon whom such tax is imposed, 
shall neglect or refuse to pay the same, you are to levy the same by 
distress and sale of the goods and chattels of the person or corporation 
so taxed, in the same manner as on warrants issued by the board 
of supervisors to the collectors of towns; and you are to make a 
return of this warrant within thirty days after the delivering thereof 
to you; and within that time to pay over all moneys collected by 
virtue hereof, to the trustees of the said district, some or one of 
them; and if any tax on the real estate of anon-resident mentioned 
in the said list shall be unpaid at the time when you are required to 
return this warrant, you are to deliver to the trustees of the said dis-* 
trict an account thereof, according to law.' ^ 

Given under our hands this day of 'in the year one 

thousand eight hundred and forty 

A. B.) 

Trustees. 

By ^ 29 of the act of 1841, (No. 105,) it is not necessary 
for the trustees to affix their seals to any warrant. 

8. WARRANTS FOR THE COLLECTION OF TAX LISTS OR RATE-BILLS. 

By various provisions of the school act (No. 128 to 131,) 
it is provided that the warrant annexed to any tax list for 
the collection of a district tax or any rate bill for the pay- 
ment of teachers' wages, shall command the collector, in 
case any person named in such list shall not pay the sum 
therein set opposite to his name on demand, to levy the 
same of his goods and chattels in the same manner as on 
warrants issued by the board of supervisors to the collec- 
tors of towns. 

The time specified in any warrant, for its collection and 
return begins to run from the delivery of such warrant to 
the collector, and not from its dale. — Com. School Dec. 286. 

Where a warrant is signed by two trustees only, the 
presence or concurrence of the third will be presumed. 
—Id 258. 

Trustees in office only, can sign warrants. — Id. 275. 

By ^ 89, " If the sura or sums of money, payable by 



TRUSTEES OF SCHOOL DISTRICTS. 189 

any person named in any tax list or rate bill, shall not be 
paid by him, or collected by such warrant within the time 
therein limited, it may be lawful for the trustees to renew 
such warrant, in respect to such delinquent person; or in 
case such person shall not reside within their district, at 
the time of making out a tax list or rate bill, or shall 
not reside therein at the expiration of such warrant, and 
no goods or chattels can be found therein whereon to levy 
the same; the trustees may sue for and recover the same, 
in their name of office. 

Any second or subsequent renewal of such warrant must 
be with the written approbation of the Town Superintend- 
ent endorsed thereon. 

Trustees may legally renew the warrants of their pre- 
decessors in office. — Co7n. School Dec. 27. 

Where a district meeting votes to renew a warrant and 
collect a tax, the trustees may regard it as an original 
vote, and issue a new warrant for its collection. — Id. 

IV. DUTIES OF TRUSTEES IN RELATION TO THE PURCHASE, CUSTO- 
DY AND SALE OF SCHOOL-HOUSES AND SITES, THE REPAIR OP 
SUCH HOUSES, AND FURNISHING THEM WITH NECESSARY FUEL 
AND APPENDAGES. 

1. PURCHASE, REPAIR AND CUSTODY OF SCHOOL-HOUSE. 

By sub. 5, of § 75 of the school act, (No. 103,) it is 
made the duty of trustees, and they are empowered " to 
purchase or lease a site for the district school-house, as 
designated by a meeting of the district ; and to build, 
hire, or purchase, keep in repair and furnish such school- 
house with necessary fuel and appendages, mit of the 
funds collected and paid to them for such pitrpose.^^ 

If trustees undertake to remove a school-house, buy a 
lot for a site, or do tmy other act which they are not by 
law authorized to do without a vote of the inhabitants of 
the district, it is at their own peril. The inhabitants may 
ratify their proceedings by a subsequent vote ; but if they 
do not choose to do so, the trustees are without remedy. 
—Com. School Dec. 41, 222. 

But where the inhabitants of a school district have, by 
a vote to that effect authorized their trustees to make 
repairs or do any other lawful act, involving an expendi- 
ture of money, they will be required to save them harm- 



190 COMMON SCHOOL SYSTEM. 

less, provided they have acted in good faith. The inhabi- 
tants may always limit a contemplated expenditure by 
voting a specific sum for the purpose. But if they neglect 
to do so, and give a general direction to the trustees to go 
on and make repairs, &c., vvrithout restricting the amount 
to be expended, the Superintendent will, on the refusal of 
the inhabitants after the work is done to indemnify them, 
for their reasonable and hcraafide expenditures, order a tax 
to be levied for the amount. — Id. 222. 

By sub. 6 of "§> 75, above referred to, it is provided that 
the trustees shall " have the custody and safe-keeping of 
the district school-house." 

Questions have frequently arisen, as to the extent of 
the power conferred by this last subdivision ; and to what 
uses the school-house should be confined by the trustees. 

The general principle in relation to questions of this 
nature arising in the several school districts, is this : that 
it is the duty of the trustees to exercise such a general 
supervision over the care and management of the district 
school-house, as that the instruction of pupils in the school 
shall not be embarrassed by any use of the house other 
than for school purposes ; and that the property of the dis- 
trict, and the furniture, books, and papers belonging to 
the school, or the pupils, shall not be injured or destroyed. 
Any use of the house in subordination to these restric- 
tions, and not inconsistent with the main purposes for 
which it was designed, must be left to the determination 
and pleasure of those to whom it belongs, whose wishes 
and directions, in this respect, the trustees are bound to 
carry out. The school-house is the property of the dis- 
trict, and subject to its control, within the limitations of 
the law. The purpose for which it was erected must be 
pursued, and nothing can be suffered to interfere with 
that. But when that purpose is accomplished, there is 
neither reason nor law for prohibiting its application to 
any object of social or moral improvement which the ma- 
jority of the inhabitants may sanction. Upon this princi- 
ple, and subject to the restrictions and limitations referred 
to, it may be used, out of school hours, and when not 
wanted for any district purposes, for religious meetings, 
Sunday schools, lectures, debating societies, or any other 
moral, literary, or useful purpose, with the approbation 



TRUSTEES OF SCHOOL DISTRICTS. 191 

of a majority of the district and the consent of the trus- 
tees, or any two of them. 

Trustees cannot, however, allow a7iy part of the dis- 
trict school-house to be occupied for any other purpose 
than than that of the district school, while such school is 
actually in progress. — Com. School Bee. 51. 

Select or private schools will not be permitted to be 
kept in the district school-house. — Id. 119. 

Except in extraordinary cases, schools must be kept in 
the district school-house : and by ^ 35 of the act of 1841, 
(No. 141,) " Whenever it shall be necessary, for the ac- 
commodation of the children in any district, the trustees 
may hire temporarily any room or rooms, for the keeping 
of schools therein ; and the expense thereof shall be 
a charge on such district." 

If there is no school-house in the district a school 
cannot be opened by the trustees until the inhabitants 
have designated the place. — Com. School Dec. 190. 

2. SALE OF SCHOOL HOUSE AND SITE. 

A very important branch of the duties incumbent upon 
trustees, is that which relates to the disposition of the 
school-house and site, when no longer required for dis- 
trict purposes. By M, of chap. 44, of the Laws of 1831, 
(No. 88,) the inhabitants of the district are authorized, 
whenever the site of the school-house has been legally 
changed, to direct the sale of the former site, together 
with the buildings and appurtenances, or any part thereof 
at such price and upon such terms as they shall deem 
most advantageous to the district. In this case the trus- 
tees act merely as the ministerial officers of the district, 
and are bound to carry out the directions of the inhabitants. 
They are to execute the necessary conveyances to the pur- 
chaser ; and when a credit is directed to be given for any 
portion of the consideration money, they are to take, in 
their corporate name, such security, by bond and mort- 
gage or otherwise, as they may think proper; to hold the 
same as a corporation, and account to their successors ; 
and they are also authorized, in their name of office to sue 
for and recover the moneys due and unpaid upon any se- 
curity so taken by them, or their predecessors, with inter- 



192 COMMON SCHOOL SYSTEM. 

est and costs. They are by ^ 5, of the same act, (No. 
89,) to apply the moneys arising from such sale to the 
expenses incurred in procuring a new site, and in remov- 
ing or erecting a school-house, so far as such application 
shall be necessary. 

By § 4 of chap. 308 of Laws of 1835, (No. 90,) trustees 
are vested with the necessary power to sell and convey 
the old site, whenever a new one has been legally select- 
ed, upon such terms as they shall deem advantageous to 
the district. This provision is somewhat repugnant to 
that in No. 88, and would seem to give the power of dis- 
posing of the school-house to the trustees absolutely, with- 
out a vote of the district. But on the principle of construing 
statutes on the same subject so as to give effect to each, 
as far as possible, the better course would be for the trus- 
tees to execute this power only when the district has not 
expressed its will on the subject. 

By §3 of the act of 1841, (No. 95,) "Whenever two 
or more districts or parts of districts shall be united, and 
there shall be more than one school-house in such new or 
altered district, the trustees of such district may sell the 
site and buildings thereon, of either or both the school- 
houses situated in such new district." 

3. MODES OF PROVIDING FUEL. 

There are three modes of providing fuel for the use of 
school districts. Is:. By a specific tax for that purpose, to 
be voted by the inhabitants : 2d. Where this mode is not 
adopted, the trustees are directed by ^ 85, (No. 124,) to 
determine the proportion which every person sending chil- 
dren to school shall be liable to provide, according to the 
number sent by each, exempting indigent persons : and 
3d. " If any person liable to provide such fuel, shall omit 
to provide the same, on notice from any one of such trus- 
tees, it shall be the duty of the trustees to furnish such 
fuel, and to charge the person so in default, the value of, 
or amount paid for, the fuel furnished," § 86, (No. 125,) 
and to add such amount to his rate-bill, or prosecute for 
and collect the same. ^ 87, (No. 126.) 

Trustees should see that the respective proportions of 
fuel are promptly furnished by the inhabitants, or the 
amount due, on neglect, promptly collected. 



TRUSTEES OF SCHOOL DISTRICTS. 193 

The statute uses the term ^^■fud^^'* which imports wood 
or other material in a state Jit for use. The trustees 
should not receive large or green logs, which require 
splitting or cutting ; but should require the wood to be 
adapted to the fireplace or stove. Unless this is done by 
those who are to furnish the fuel, there are no means of 
having it prepared. It cannot be said to be the duty of 
the teacher, or of the pupils, to cut or split, or in any way 
to prepare the materials sent for use. Great inconvenience 
has been frequently experienced from the omission to sup- 
ply proper fuel, and the schools have often been dismissed 
in consequence. 

Fuel provided for school districts, whether paid for by a 
tax or furnished by the inhabitants who send children to 
school, cannot be used for any other than school purposes, 
even though directed by a vote of the inhabitants of the 
district: and trustees are legally responsible for any im- 
proper or unauthorized use of the fuel provided for the 
school. — Com. School Dec. 156, 289. 

Non-residents of the district are taxable for fuel, in the 
same manner and to the same extent as for any other dis- 
trict purpose. — Id. 207. 

V THE EMPLOYMENT OF TEACHERS AND THEIR PAYMENT. AND 
THE MAKING OUT AND COLLECTING OF RATE BILLS. 

1. CONTRACTS WITH TEACHERS. 

By sub. 7 of ^ 75, (No. 103,) trustees are " to contract 
with and employ all teachers in the district." 

The most fruitful source of difficulty in school districts, 
has been the looseness and irregularity with which these 
contracts have been made. In some districts the trustees 
are in the habit of agreeing to pay the teacher the whole 
amount of public money that should be received, be it 
more or less. This is unjust to the teacher or the district, 
and has almost always led to contention. The agreement 
should be to pay him a specific sum by the month or by 
the quarter, adequate to the value of his services. If the 
public money is not sufficient, the deficiency should be % 
supplied by a rate-bill. It is not to be believed that any "^"^ 
intelligent citizens will consider that sordidness to be eco- 
nomy, which prefers that their children should be brought 

13 



194 COMMON SCHOOL SYSTEM. 

up in ignorance, or instructed in error, rather than con- 
tribute the mere trifle which will secure them an educa- 
tion, at least sound and accurate, as far as it goes. When 
the rewards which other professions and avocations hold 
out to talent, knowledge and industry, are so liberal, how 
can it be expected that persons competent to the great bu- 
siness of instruction, should devote themselves to it for a 
compensation inadequate to their support ? 

If the public money should be more than sufficient to 
remunerate the teacher, the trustees should consider whe- 
ther they may not establish another school, or a distinct de- 
partment. A large amount of public money, indicates a 
large number of children over 5 and under 16, and of 
course there will be the materials for a large school, or 
for more than one, especially if they are of a character 
to command respect and inspire confidence. 

Should there be a surplus of public money, after paying 
a fair and just equivalent to the teachers who can be use- 
fully employed, the district will always be relieved from 
the consequence of not expending the whole, upon appli- 
cation to the Superintendent. 

It is the duty of trustees of a school district to have a 
school kept in the district school-house, wherever there 
are a number of children to attend sufficient to defray the 
expenses of a teacher : and if a portion of the public mo- 
ney has been assigned to each portion of the year, then ' 
it is their duty to have a school kept whenever the ex- 
pense can be defrayed by the public money, and the rate- 
bills against those sending children to the school. This 
principle is applicable as well to summer as to winter 
schools. Trustees are bound to provide a schooF, when- 
ever requested by any portion of the inhabitants of 
the district, able and willing, with the help of the public 
money or otherwise, to defray its expense : and in this 
respect they are not to be governed or controlled by any 
vote of the district. The very object and business of their 
office is to provide schools ; and no district meeting can 
abridge their powers, or relieve them from the perform- 
ance of their duty in this respeect. — Per Spencer Supt. 
on appeal. 

A practice prevails to some extent, of contracting with 
teachers that they shall collect the rate-bill, or the sum 



TRUSTEES OF SCHOOL DISTRICTS. 195 

that may be deficient after applying the public money. 
This is wholly illegal, and is sure to involve the trustees 
and teachers in difficulty. The deficiency must be col- 
lected by the trustees, by warrant annexed to a rate-bill, 
and delivered to the collector. The Superintendent has 
uniformly refused to interfere in all cases where any ar- 
rangement for the collection of teachers' wages, other 
than that prescribed by law, has been made. The ex- 
pression in sub. 8 of ^ 75, R. S. (No. 103,) " excepting 
such sums as may have been collected by the teachers," 
implies that they may collect their wages. But this can 
apply only to the case of voluntary payment, and does not 
justify trustees in abandoning the means of collection pro- 
vided by law. 

Another practice requires notice. It is that of trustees 
engaging with a te cher that he shall board with the pa- 
rents of the children alternately. There is no authority 
for such a contract, and it cannot be enforced on the in- 
habitants. This compulsory boarding gives occasion to 
constant altercation and complaint, which often terminates 
in breaking up the school. The best arrangement is to 
give the teacher a specific sum and let him board him- 
self. But there are some districts so destitute that it may 
afford the inhabitants considerable relief to be permitted 
to board the teacher. In such cases the object can be ob- 
tained in another way. Let the trustees contract with the 
teacher at a specific sum per month, or by the quarter, 
and they may then agree with him, that if he shall be 
afforded satisfactory board at the house of any of the in- 
habitants, he will allow whatever sum may be agreed on 
per week for such board, to be applied to his wages, and 
will give an order on the trustees for the amount, to the 
person with whom he boards : and the trustees may then 
accept such order from the inhabitants, as payment to that 
extent upon his tuition bill, and deduct it from the amount 
to be paid the teacher, after having paid him the whole 
of the public money. 

It is strongl}'- recommended that all contracts with 
teachers be made in writing, and a duplicate kept by each 
party. In no other way can justice be done to the parties 
in case of any dispute. 

The power of the trustees to contract with and employ 



196 COMMON SCHOOL SYSTEM. 

teachers, cannot be controlled by the inhabitants; although 
it should never be exercised, unless under very peculiar 
circumstances, in opposition to the known wishes of a de- 
cided majority of the district. 

Contracts by trustees of school districts for teachers' 
wages are binding on them personally, individually, and 
collectively, while they remain in office ; and on their 
successors after the expiration of their term : and trustees 
who are not in office, as such, are no longer personally 
answerable on such contracts. See 7 Wendell, 181, 4 
Hill ; Com. School Dtc. 191, 282. 

- A contract made by all the trustees of a district, but 
signed by two only, is binding upon all ; and the presence 
or concurrence of the third will be presumed from the sig- 
nature of the remainder. So two trustees may enter into 
a contract, in the absence of the third, if he was duly no- 
tified of a meeting for that purpose, or was consulted, and 
refused to act. — McCoy vs. Co?ntree, 9 Wend. 17. In 
short, so far as the rights of third persons are concerned, 
a contract made by a majority of the trustees will be re- 
garded as prima facie valid and obligatory. The party 
with whom the contract has been entered into is not bound 
to enquire whether the requisite preliminary steps to au- 
thorize the majority to act without the presence or concur- 
rence of the third trustee have been taken or not. 

If a teacher's certificate is annulled, the trustees are at 
liberty to dismiss him, and to rescind their contract with 
him. They engage him as a qualified teacher, and the 
moment he ceases to be so, there is a failure of the con- 
sideration for the contract. If however, the trustees con- 
tinue him to the school after notice that his certificate has 
been annulled, it will be regarded as such a continuance 
of the contract that they will not be allowed at a subse- 
quent period to dispute it. — Com. School Dec. 212. 

2. MODE OF PAYING TEACHERS. 

This is specifically provided for by ^ 75, (No. 103,) 
above referred to. By subdivision 8, the trustees are "to 
pay the wages of such teachers, when qualified, out of 
the moneys which shall " be in the hands of the Town 
Superintendent of common schools, subject to their order, 



TRUSTEES OF SCHOOL DISTRICTS. 197 

" SO far as such moneys shall he sufficient for that purpose ; 
and to collect the residue of such wages, excepting such 
sums as may have been collected by the teachers, from 
all persons liable therefor." 

By subdivisions 9, 10, 11, 12, 13 and 14, they are : 

" To divide the public [teachers'] moneys" due the dis- 
trict "whenever authorized by a vote of such district, into 
not exceeding four portions for each year ; to assign and 
apply one of such portions to each quarter or term during 
which a school shall be kept in such district, for the pay- 
ment of the teachers' wages during such quarter or term ; 
and to collect the residue of such wages, not paid by the 
proportion of public money allotted for that purpose, from 
the persons liable therefor, as above provided : 

" To exempt from the payment of the wages of teach- 
ers, such indigent persons within the districts as they 
shall think proper: 

" To certify such exemptions, and deliver the certificate 
thereof to the clerk of the district, to be kept on file in 
his office: 

" To ascertain by examination of the school lists kept 
by sucli teachers, the number of days for which each per- 
son not so exempted, shall be liable to pay for instruction, 
and the amount payable by each person : 

"To make out a rate-bill containing the name of each 
person so liable, and the amount for w^hich he is liable, 
adding thereto five cents on each dollar of the sum due 
from him, for collectors' fees ; and to annex thereto a 
warrant for the collection thereof: and 

"To deliver such rate bill, with the warrant annexed, 
to the collector of the district, who shall execute the 
same in like manner with other warrants directed to him 
by them." 

By ^ 13, of the act of 1S41, (No. 104,) "the trustees 
of any school district are authorized to exempt any indi- 
gent person from the payment of the teachers' wages, 
either in part or wholly, and shall certify the whole 
amount of such exemption in any one quarter or term, 
and the same shall be a charge upon such district." And 

By ^ 30, of the same act, (No. 106,) " where, by reason 
of the inability to collect any tax or rate-bill, there shall 
be a deficiency in the amount raised, the inhabitants of 



198 COMMON SCHOOL SYSTEM. 

the district, in district meeting, shall direct the raising of 
a sufficient sum to supply such deficiency, by tax, or the 
same shall be collected by rate-bill, as the case may re- 
quire." 

In accordance with these several provisions, trustees of 
districts, in making out their rate-bills, will proceed as 
follows : 

1. They will first ascertain the amount due to the 
teacher, under his contract, for the quarter's services. 

2. They will then apply so much of the public money 
as is applicable to the term, in diminution of such amount. 

3. They will assess the balance upon each inhabitant 
who has sent to the school during- the term, (including in- 
digent persons) according to the number of children and 
of days sent by each, as appears by the verified list kept 
by the teacher, under the 11th section of the aforesaid act. 
(No. 122.) 

4. They will then proceed to exempt, either wholly or 
in part, such indigent inhabitants as they may think 
proper, from the payment of their proportions of such 
assessment, certify the whole amount of such exemptions, 
and deliver the certificate thereof to the clerk of the dis- 
trict, to be kept by him. 

5. They will then collect the balance of the rate^bill 
against those exempted in part, for the amount remaining 
after such partial exemption, and against those not ex- 
empted either wholly or in part, for the amounts assessed 
against them respectively, by warrant, in the usual man- 
ner. Such warrants need not be under seal, and may be 
executed by the collector '* in any other district or town, 
in the same manner, and with the like authority, as in 
the district for which he was chosen or appointed." (No. 
132.) 

6. The trustees will collect the amount of exemptions, 
as certified by them, by a tax, which they are authorized 
to impose by the 14th section (No, 127,) upon all the tax- 
able inhabitants of the district, *' in the same manner as 
if the definite sum to be raised had been voted by a dis- 
trict meeting." They may immediately proceed to im- 
pose this tax ; or they may add the amount to any tax 
thereafter imposed for district purposes, as may be most 
convenient. 



TRUSTEES OF SCHOOL DISTRICTS. 199 

Trustees should exercise a liberal discretion in making 
exemptions in behalf of indigent inhabitants, so that the 
charge for tuition shall in no case be burdensome ; while, 
on the other hand, they should never allow the considera- 
tion of the trifling amount of the general tax for such 
exemption, when levied upon the whole taxable property 
of the district, to tempt them into an unnecessary exercise 
of the powers confided to them. 

To illustrate this proceeding more fully, let us apply 
the several steps necessary to be taken in ordinary cases. 
Suppose a teacher employed for the usual term of four 
months, at twenty dollars per month. The public money, 
including local funds, belonging to the district, and appli- 
cable to the term, either by the decision of a district 
meeting, as above specified, or by the determination of 
the trustees, is forty dollars : the amount due the teacher 
for his quarter's services is, of course, eighty dollars, of 
which the trustees give him an order on the Town Super- 
intendent for forty dollars, from the public money, and 
take his receipt therefor. They then call upon him for 
his list, kept and verified according to the provisions of 
Ml of the act of 1841, (No. 122;) and after having 
ascertained from such list the number of days' attendance 
for which each person sending to school is liable, they 
will proceed to assess the respective proportions of the 
remaining forty dollars, from each, according to the whole 
number of days and children sent. Thus, if one inhabi- 
tant has sent four children for 104days, he will be charged 
for 416 days, and so on. Suppose, upon adding up the 
whole number of days thus ascertained, the total is found 
to be 4,000, for the average attendance of forty scholars 
for the whole term : the proportion of forty dollars due for 
one scholar for each day, would be one cent : and this 
multiplied by the number of days each scholar attended, 
wouM give his proportion ; and by adding the proportions 
of each belonging to the same family, the amount due 
from each person sending to school is ascertained. The 
trustees then make out an assessment in the following 
form : 



200 



COMMON SCHOOL SYSTEM. 



Form of Assessment, 
Assessment containing the name of each person liable for teach 
ers' wages in district No. in the town of Trenton, for the term 
ending on the day of 

for which each person is liable. 



184 , and the amount 



Names of inhabitants sending 
to school. 



John Jackson, 

James Johnson, ••• 
Timothy Warner,- 

Peter Barney, 

Solomon Kinney." 
William Jones, •••• 

John Dye, 

William Jones, •••• 
Thomas Jones, •••• 

John Radcliff, 

James Tunnicliff, 

John Simons, 

Joseph Williams," 



Whole No. 


Amount of 


days sent. 


school bill. 


104 


$\ 04 


416 


4 16 


312 


3 12 


60 


50 


64 


64 


416 


4 16 


104 


1 04 


104 


I 04 


520 


5 20 


620 


6 20 


520 


6 20 


520 


6 20 


360 


3 60 


3,120 


$40 00 



This assessment should be signed by the trustees and 
filed with the district clerk. 

The next step is to exempt such indigent persons as the 
trustees may think proper, from the payment of the sums 
set opposite to their names, either w^holly or in part. Sup- 
pose Peter Barney to be exempted wholly, and Thomas 
Jones and John Radcliff each from the payment of one- 
half the amounts assessed to them ; the trustees will first 
make out a certificate, to be filed with the clerk of the 
district, in the following form : 



3. Certificate of Exemption. 

We, the undersigned, trustees of district No. in the town 

of Trenton, do certify, that we have this day exempted Peter Bar- 
ney from the payment of any share of the wages of the teacher 
employed in said district for the term ending on the day 

of 18 , and T/iOTTias Jones eLni John Radcliff each 

from the payment of one-half the amount assessed to them respect- 
ively, as their share of such wages. 

Dated this day of 18 

A. B.,) 

C. D., > Trustees. 

E. F.,> 

They will then proceed to make out their rate bill and 
warrant, in the following manner : 



TKUSTEES OF SCHOOL DISTRICTS. 



201 



Form of Rate Bill and Warrant. 
Rate bill, containing the name of each person liable for teachers' 
wages in district No. in the town of Trenton, for the term 

ending on the day of 184 , and the amount for 

which each person not exempted, either wholly or in part, from the 
payment of such amount, is so liable, with the fees of the collector 
thereon. 



Names of inhabitants 
sending to school. 


o 
I' . 


o 
-g 

oz: 

s 

3 
O 

S 
< 


M 

O '" 

o 
o 


Whole amount to 
be raised. 




John Jackson, 

James Johnson, 

Timothy Warner, 

Solomon Kinney, 

William Jones, 


104 
416 
312 
64 
416 
104 
104 
620 
520 
520 
820 
360 


$1 04 
4 16 

3 12 
64 

4 16 
1 04 

1 04 

2 60 

2 60 

5 20 

6 20 

3 60 


$0 05 
21 
16 
03 
21 
05 
05 
13 
13 
26 
26 
18 


$1 00 
4 37 

3 28 
67 

4 37 
1 09 

1 09 

2 72 

2 72 
6 46 
6 46 

3 78 


Paid to teachers. 
$3 paid to teacher. 


William Johnson, • • • • 

Thomas Jones, 

John RadclifF, 

James Tunnicliff, 


Joseph Williams, 


3,070 


$36 90 1 $1 72 


f 38 62 





To the collector of school district No<y ^ c) in the town of 
Trenton, in the county of Oneida: 

You are hereby commanded to collect from each of the persons in 
the annexed rate- bill named, the several sums mentioned in the last 
column thereof, excepting such sums as may have been collected by 
the teacher; and within thirty days after receiving this warrant to 
pay the amount so collected by you (retaining five per cent for your 
fees) into the hands of the trustees of said district, or one of them; 
and in case any person therein named shall neglect or refuse to pay 
the amount set opposite his name as aforesaid, you are to levy the 
same by distress and sale of the goods and chattels of such person. 



Given under our hands this day of 

of our Lord one thousand eight hundred and /"^ 

A. b:, 



c. 

E. 



in the year 



Trustees. 



There will still remain $3.10 of the amount due the 
teacher for his wages, being the amount of exemptions by 
the trustees ; and this sum must be levied by a tax on all 
the taxable inhabitants of the district, and corporations 
holding property therein, in the same manner as though 
such amount had been actually voted by the district to be 
raised. If the teacher can wait upon the district, or the 



20S COMMON SCHOOL SYSTEM. 

trustees choose to advance the money in its behalf, the 
amount may be added to the next tax that may be voted 
for district purposes. It should, however, be assessed 
within a reasonable time; and wherever the amount of 
exemptions is sufficient to warrant an immediate assess- 
ment, it should at once be levied. The trustees must 
exercise a sound discretion in this respect, with reference 
to the amount to be raised, and the probability of an early 
opportunity to add it to some district tax. 

Any inhabitant of the district liable for the payment of 
teachers' wages, may pay his proportion, to the teacher^ 
at any time before the rate bill is actually made out ; and 
such payment exempts him, to the extent so paid from the 
operation of the rate bill. The language of the Sth sub« 
division of ^ 12, (No. 103,) recognizes the right of col" 
lection on the part of the teacher; although, as before 
remarked, its exercise is, as a general rule, inexpedient. 
Where any portion of his bill is thus collected by the 
teacher, notice of the amount, and the name of the inha- 
bitant paying it, should be given to the trustees, at the 
time of furnishing them with the list of pupils ; and the 
amount so paid must be allowed to the credit of the per- 
son paying it. But the whole sum for which the rate bill 
and preliminary assessment is made out, is not to be 
varied by the fact of such payment ; credit only is to be 
given for the advance to the teacher in the rate-hill; as 
otherwise, by diminishing the sum to be raised, by the 
amount so paid, a double assessment on the persons pay- 
ing, would be the consequence. 

Where a person agrees to pay for a certain number of 
scholars, he is entitled to the benefit of the public money 
in reduction of their school bills. — Com. School Dec. 83. 

In making out rate-bills, inhabitants of districts can only 
be charged for so much time, as their children have ac- 
tually attended school. — Id. 15. 

All children attending the district school must be 
charged at the same rate for tuition, without regard to 
the studies pursued. — Id. 47. 

A resident of a school district cannot be prosecuted by 
the trustees for the amount due on his rate-bill. The only 
remedy against him is by distress and sale of his goods 
and chattels. — Id. 254. 



V 



TRUSTEES OF SCHOOL DISTRICTS. 203 

In the exercise of the power conferred upon the trustees, 
of exempting indigent inhabitants of their district from 
the payment of the whole or of portions of their late-hills, 
the utmost liberality, compatible with justice to the dis- 
trict, should be indulged. Nothing can be more at vari- 
ance with the benign spirit and intent of the school laws, 
than the compulsory distress and sale of articles of abso- 
lute necessity to an indigent family, for the purpose of 
satisfying the rate-bill for teachers' , wages. And yet 
cases of this kind are frequently brought to the notice of 
the department. Every reasonable facility should be 
afforded to the children of the poor, for the attainment of 
all the blessings and advantages of elementary instruc- 
tion : and this should never be permitted to become in 
any degree burdensome to their parents. Where any 
inhabitant of the district in indigent circumstances cannot 
meet the rate-bill for the payment of the teachers' wages, 
without subjecting himself to serious embarrassment, or 
his family to sensible deprivation, he should promptly and 
cheerfully be exonerated. A just feeling of pride may 
reasonably be expected to preclude any from availing 
themselves of this exemption, unless under the pressure 
of absolute necessity ; and occasional abuses of the privi- 
lege so accorded, are productive of less disastrous results, 
than a prevailing impression among the indigent inhabi- 
tants of a district, that their children can partake of the 
advantages of common school education, only at a burden- 
some charge to themselves, and by a sacrifice of the ordi- 
nary necessities and comforts of iheir families. 

Indigent persons may be exempted from the payment 
of school bills, whether there is public money to be applied 
to the term or not. — Com. School Dec. 56. 

The exemption of indigent persons from the payment 
of the wages of teachers is a matter of discretion with 
the trustees, not regulated by any specific restrictions, but 
entrusted to them to be disposed of in good conscience, 
with a just regard to the rights of all concerned. — Id. 243. 

Trustors are the sole judges of the ability of the per- 
sons residing within their respective districts to pay their 
school bills. — Corn. School Dec. 254. 

The wages of an unqualified teacher must be collected 
by rate-bill against those sending to school, in the game 



204 COMMON SCHOOL SYSTEM. 

manner as though he held a certificate, provided he was 
duly employed by the trustees. — Id. 61, 76, 213. 

The wages of two teachers, employed for different 
terms, or different portions of the same term, at different 
rates of compensation, cannot be included in one rate- 
bill.—/^. 168, &c. 

Trustees cannot transfer to teachers the right of en- 
forcing the collection of their wages. If the teacher 
agrees to collect his own wages, it is right that he should 
do so, to the extent of his ability ; but in case of failure, 
the trustees alone can issue a rate-bill and warrant ; and 
they should do so notwithstanding any agreement to the 
contrary with the teacher. — Id. 288 ; Per Dix, Sup^t. 

Trustees cannot include in a rate-bill any other object 
chan the wages of the teacher under the contract made by 
them, excepting in certain cases where persons liable to 
provide fuel have not done so, on the proper requisition. 

Where a person had from charitable motives, taken a 
poor family to reside with him, in his house, the children 
of which attended the district school, it was held that 
he was not liable for the tuition of such indigent chil- 
dren, unless they were sent to school by him under an 
express or implied contract to be responsible for such tui- 
tion ; and that if sent by their parents, or if they attended 
school of their own accord, the trustees should exempt the 
parents from payment of the tuition bill. — Per Spencer, 
Supt. 1840. 

A grandfather is not prima facie liable for the board or 
schooling of a grandchild. He may, however, become lia- 
ble, in the same manner and to the same extent as any 
individual who has a youth residing with him whom he 
supports and suffers to go to school, without giving any 
particular directions on the subject. An implication 
would arise that it was by his assent. But the father or 
mother is prima facie liable : and some positive acts on 
the part of the grandfather must be shown, amounting to 
an assumption of liability on his part before he can be 
held responsible for the payment of tuition under such 
circumstances. — Id. 1841. 

By ^ 35 of the act of 1841, (No. 141,) " All children 
included in the reports of the trustees of any school dis- 
trict shall be entitled to attend the schools of such district ; 



TRUSTEES OF SCHOOL DISTRICTS. 205 

and whenever it shall be necessary for the accommodation 
of the children in any district, the trustees thereof may 
hire temporarily any room or rooms for the keeping of 
schools therein; and the expense thereof shall be a charge 
on such district." 

None but children residing in a school district can of 
right be benefitted by the public money. Indeed, the trus- 
tees can exclude all children, except those who are resi- 
dents of the district, from the school. But if such non- 
resident children are permitted by the trustees to attend 
the school, their parents should be apprised of the con- 
ditions on which they are received: and one of those con- 
ditions should be, that no part of the public money shall 
be applied for their benefit. Where no such conditions 
however are exacted by the trustees, and such non-resi- 
dent children are admitted on the application and respon- 
sibility of an inhabitant of the district, the trustees must 
make out the rate bill against such inhabitant in the usual 
manner. — Com. School Bee. 11. 

Children of non-resident parents coming into a district 
and hoarding for the purpose of attending school therein, 
are not entitled to any share of the public money in re- 
duction of their rate-bills : and their tuition, in such case, 
may be charged, in the first instance, to the person with 
whom they board ; whose liability therefor can be dis- 
charged only by express notice to the trustees, that he de- 
clines being accountable for such tuition. Where, how- 
ever, such children are hired to labor or service in the 
family of an inhabitant of the district, or are regarded and 
treated as part of the family of such inhabitant and not 
as mere temporary hoarders, they are entitled to partici- 
pate equally with the other children of the district, in the 
public money. — Per Young, Swpt. 1842. 

Trustees cannot refuse admittance in the school to any 
child whose residence is in the district, if such child com- 
plies with the reasonable and proper regulations of the 
school. — Com. School Bee. 47. 

No child residing in a school district can be excluded 
from the school on account of the inability of the parents 
to pay his tuition. — Id. 119. 

If a non-resident owner of taxable property in the dis- 
trict, sends his children to the school in such district, they 



2^ COMMON SCHOOL SYSTEM. 

should be permitted to attend, unless by their admission 
the school would become too crowded. — Id. 317. 

All children residing in a district and attending the 
school, are entitled to participate in the public money, 
without reference to their ages. — Id. 34. 

The law does not recognize any particular age in re- 
spect to the admission of children to the district school. 
As a general rule, all under the age of twenty-one years, 
and of a proper age to be benefited by instruction, are en- 
titled to admission. There must, however, be some dis- 
cretion vested in the trustees, in regard to such admission. 
Children having infectious diseases — idiots — infants — and 
persons over twenty-one, may undoubtedly be excluded; 
and colored children, where their attendance is obnoxious 
to the greater portion of the patrons of the school, espe- 
cially in cases where schools have been established for 
their separate benefit, within a reasonable distance from 
their residence. — Per Spencer, Supt. 1S41. 

By ^ 15, of the act of 1841, (No. 168,) a school for 
colored children may be established in any district, with 
the approbation of the commissioners, which is to be un- 
der the charge of the trustees of the district in which 
such school is established. Trustees in their annual 
reports are also required particularly to specify the num- 
ber of such children over five and under sixteen years of 
age attending such school from different districts, naming 
such districts respectively, and the number from each 
attending for four months, and instructed by a duly quali- 
fied teacher, which report is to form the basis of an ap- 
portionment to such school, of a share of the public money. 

The provisions contained in this section are more par- 
ticularly applicable to those cities and large villages where 
no special legal provisions have been made for the instruc- 
tion of colored children. The means provided, are it is 
true, altogether insufficient to meet the expense which 
must necessarily be incurred in the organization of these 
schools ; and inasmuch as the class of community for 
whose special benefit they are intended are generally una- 
ble to contribute to such expense, in any considerable 
degree, the object in view can seldom be fully attained, 
but through the efforts of charitable and benevolent indi- 
viduals in the several districts, from which the colored 



TRUSTEES OF SCHOOL DISTRICTS. 20? 

schools are composed. These efforts have hitherto been 
paralyzed from the absence of any legal power to effect 
the necessary organization ; and the provision now made 
was, doubtless, intended to supply that defect, and to fur- 
nish a nucleus around which the benevolent exertions of 
the friends of education and humanity might be concen- 
trated. If, however, in any of the country districts, a 
colored school can be organized and efficiently kept up 
for the requisite length of time, it is hoped no efforts will 
be spared to carry into effect the provisions of the section. 
Colored children are entitled equally with all others, to 
the privileges and advantages of the district school: and 
wherever they can be grouped together in a separate 
school, under the charge of a competent teacher, they will 
be far more likely to derive the full benefits of such in- 
struction as may be best adapted to their circumstances 
and condition, while at the same time, the disadvantages 
inseparable from their attendance at the district school, 
will be avoided. ^ 

Trustees have power, with the assent of the Town 
Superintendent, and by a vote of the inhabitants of their 
district, to purchase, hire or build a school-house or room 
for the accommodation of the colored children of their 
own and other adjoining districts ; to supply the same with 
the necessary furniture, fuel and appendages; and to 
employ a competent teacher. 

By ^ 11, of the act of 1S41, (No. 122,) the trustees of 
each district are to provide a book, in which the teachers 
are to enter the names of the scholars attending school, 
and the number of days they shall have respectively 
attended, and also the number of times the school has 
been inspected by the County and Town Superintend- 
ents. This list is to be verified by the oath of the 
teacher. 

Trustees cannot legally enforce the collection of a rate- 
bill, unless the teacher's list on which it is based, has been 
duly verified according to law. This is a condition design- 
ed for the protection of the inhabitants sending to school 
as well as of the trustees ; and it is not enough that the 
latter are satisfied of the accuracy of the list. The 
inhabitants against whom the rate-bill is made out, have 



20S COMMON SCHOOL SYSTKM. 

a legal right to insist upon its verification by the affidavit 
of the teacher. 

Where the trustees of a district engage a teacher for a 
specified term, and the inhabitants, without good cause, 
withdraw their children from the school, the whole, or the 
greater part of the teachers' money belonging to the dis- 
trict, will be directed, on a proper application, to be applied 
to the term during which such teacher has been employ- 
ed. — Com. School Dec. 301. 

Deficiencies in the amount directed to be raised by rate- 
bill must generally result from the omission, on the part 
of the trustees, to exempt, wholly or in part, indigent 
inhabitants; from subsequent inability on the part of 
those who, at the time of making out the rate-bill, were 
properly included, or their removal out of the reach of the 
collector's warrant ; or from neglect of duty on the part 
of the collector. In the first two cases trustees may, when 
legally authorized by a vote of the district, add such defi- 
ciency io any tax thereafter to be voted for district pur- 
poses, or make out a separate tax list for the amount ; and 
in the latter they may either hold the collector accountable 
for the deficiency, or renew the warrant, at their option. 
The inhabitants of a district may legally vote a tax to 
cover the amount of arrearages on rate-bills which have 
accrued in consequence of the inability of the collector to 
collect the amounts respectively charged to the inhabi- 
tants sending to school ; and where such arrearages are 
directed by a vote of the district to be so raised, it will be 
presumed, until the contrary is made to appear, on appeal 
or otherwise, that such inability was shown. If, how- 
ever, the inhabitants refuse to make provision for the col- 
lection of such arrearages, the trustees are without remedy, 
and must pay the amount out of their own pocket : inas- 
much as it was their duty, in the first instance, to have 
made the necessary exemptions, and then to have insisted 
upon the prompt collection of the residue; or in case of 
unforeseen deficiencies, to have amended their rate-bill 
in season. — Per Young, Sup^t, 1S43. 

It is the duty of the trustees to co-operate with the 
teacher m the government of the school, and to aid him, 
to the extent of their power and influence, in the enforce- 
ment of reasonable and proper rules and regulations ; but 



TRUSTEES OF SCHOOL DISTRICTS. 209 

they have no right to dismiss a scholar, except for the 
strongest reasons ; for example, such a degree of moral 
depravity as to render an association with other scholars 
dangerous to the latter, or such violent insubordination as - 
to render the maintenance of discipline and order imprac- 
ticable. — Per Dix, Superintendent, 1837. 

VI. DUTIES OF TRUSTEES IN REFERENCE TO THE DISTRICT LIBRARY. 

The trustees of each school district are constituted by 
law the trustees of the library. They are responsible 
for its preservation and care ; and the librarian is subject 
to their direction, and may at any time be removed by 
them from office for wilful disobedience of such directions, 
or for any wilful neglect of duty, or even when they have 
reason to apprehend the loss of any books, or their injury 
or destruction by his misconduct. In case of such remo- 
val, or of a vacancy occurring from any cause, they are to 
supply such vacancy by appointment, until the next annual 
meeting of the district. They are personally liable to 
their successors for any neglect or omission in relation to 
the care and superintendence of the library, by which any • 
b )oks therein are lost or injured, to the full amount of 
such loss or injury, and their action in reference to its 
management, may be at any time controlled by the de- 
partment, on appeal. 

By the 4th section of chap. 237, of the Laws of 1838, 
(No. 179,) the sum of S55,000 from the annual revenue 
of the U. S. Deposit Fund, was required to be annually 
distributed " to the support of common schools, in like 
manner and upon the like conditions as the school moneys 
now are or shall hereafter be distributed, except that the 
trvsfees of the several districts shall appropriate the sum 
received to the purchase of a district library for the term 
of three years, (afterwards by ^ 6 of chap. 177, Laws of 
1839, (No. 185,) extended to five years,) and by the act 
of 1843, indefinitely, with the modifications therein ex- 
pressed. 

Trustees are, by this provision, authorized to make the 
selection of the books for the library, as the application 
of the money is to be made by them. 

The object of the law for procuring district libraries i? 

14 



210 COMMON SCHOOL SYSTEM. 

to diffuse information, not only, or even chiefly, among 
children or minors, but among adults and those who have 
finished their common school education. The books, 
therefore, should be >uch as w^ill be useful for circulation 
among the inhabitants generally. They should not be 
children's books, or of a juvenile character merely, or light 
and frivolous tales and romances, but works conveying 
solid information which will excite a thirst for knowledge, 
and also gratify it, as far as such a library can. Works 
imbued with party politics, and those of a sectarian cha- 
racter, or of hostility to the Christian religion, should on 
no account be admitted; and if any are accidentally re- 
ceived they should be immediately removed. Still less 
can any district be permitted to purchase school books, 
such as spelling books, grammars, or any others of the 
description used as text books in schools. Such an appli- 
cation of the public money would be an utter violation of 
the law. If any case of improper selection of books should 
come before the Superintendent, by appeal from any 
inhabitant, such selection would be set aside ; and if it 
appeared from the reports, which according to these regu- 
lations must be made, that such books had been purchased, 
the Town Superintendent will be bound to withhold the 
next year's library money from such district. These 
penalties and provisions will be rigidly enforced ; for upon 
a faithful administration of the law the usefulness and 
the continuance of the system will depend. If the public 
munificence be abused it will unquestionably cease. 

The selection of books for the district library, is de-? 
volved by law exclusively upon the trustees ; and when 
the importance of this most beneficent and enlightened 
provision for the intellectual and moral improvement of 
the inhabitants of the several districts, of both sexes and 
all conditions, is duly estimated, the trust here confided is 
one of no ordinary responsibility. In reference to such 
selections, but two prominent sources of embarrassment 
have been experienced. The one has arisen from the ne- 
cessity of excluding from the libraries all works having 
directly or remotely, a sectarian tendency, and the other, 
from that of recommendino^ the exclusion of novels, ro- 
mances and other fictitious creations of the imagination, 
including a large proportion of the lighter literature of 



TRUSTEES OF SCHOOL DISTRICTS. 211 

(he day. The propriety of a peremptory and uncompro- 
mising exclusion of those catch-penny, but revolting pub- 
lications which cultivate the taste for the marvellous, the 
tragic, the horrible, and the supernatural — the lives and 
exploits of pirates, banditti and desperadoes of every de- 
scription — is too obvious to every reflecting mind, to re- 
quire the slightest argument. Unless parents desire that 
their children should pursue the shortest and surest road 
to ignominy, shame and destruction — should become the 
ready and apt imitators on a circumscribed scale, of the 
pernicious models w^hich they are permitted and encour- 
aged to study — they will frown indignantly on every at- 
tempt to place before their immature minds, works, whose 
invariable and only tendency is disastrous, both to the iil- 
tellect and the heart. 

The exclusion of works imbued to any perceptible e3t- 
tent with sectarianism, rests upon the great conservative 
principles which are at the foundation of our free institu- 
tions. Its propriety is readily conceded when applied to 
publications, setting forth, defending, or illustrating the 
peculiar tenets which distinguish any one of the nume- 
rous religious denominations of the day from the others. 
On this ground no controversy exists as to the line of duty. 
But it has been strongly urged that those " standard" the- 
ological publications which, avoiding all controverted 
ground, contain general expositions of Christianity — 
which assume only those doctrines and principles upon 
which all " evangelical" denominations of Christians are 
agreed, are not obnoxious to any reasonable censure, and 
ought not, upon any just principles, to be excluded from 
the school district library. There are two answers to this 
argument, either of which is conclusive. The one is, 
that the works in question, however exalted may be their 
merit, and however free from just censure, on the ground 
of sectarianism, are strictly theological^ doctrinal or meta- 
physical; and therefore no more entitled to a place in the 
district library than works devoted to the professional elu- 
cidation of law, medicine, or any of the other learned pro- 
fessions. Their appropriate place is in the family, church 
or Sunday school library. The other answer is, that in 
every portion of our country are to be found conscientious 
dissenters from the most approved theological tenets of 



212 COMMON SCHOOL SYSTEM. 

these commentators on Christianity: individuals who 
claim the right, either of rejecting Christianity altogether, 
(as the Jews,) or of so interpreting its fundamental doc- 
trines, as to place them beyond the utmost verge of " evan- 
gelical" liberality : and this too, without, in any degree, 
subjecting themselves to any well-founded imputations 
upon their moral character as citizens and as men. The 
state, in the dispensation of its bounty, has no right to 
trample upon the honest convictions and settled belief of 
this or of any other class of its citizens against whose de- 
meanor, in the various relations of society, no accusation 
can be brought: nor can it rightfully sanction the appli- 
cation of any portion of those funds to which they, in 
common with others, have contributed, to the enforcement 
of theological tenets to which they cannot conscientiously 
subscribe. Any work, therefore, which, departing from 
the inculcation of those great, enduring and cardinal ele- 
ments of religion and morality which are impressed upon 
humanity as a part of its birth-right — acknowledged by 
all upon whom its stamp is affixed, however departed from 
in practice, and incorporated into the very essence of 
Christianity as its pre-eminent and distinctive principle — 
shall descend to a controversy respecting the subordinate 
or collateral details of theology, however ably sustained 
and numerously sanctioned, has no legitimate claim to a 
place in the school district library : nor can its admission 
be countenanced consistently with sound policy or enlight- 
ened reason. 

The following general principles have been recently laid 
down in a special report on common school libraries, pre- 
pared under the direction of the department by Henry S. 
Randall, Esq., County Superintendent of common schools 
of Cortland county, and may be regarded as the settled 
principles of the department in reference to this class of 
books : 

" 1. No works written professedly to uphold or attack any 
sect or creed in our country, claiming to be a religious one, 
shall be tolerated in the school libraries. 

*' 2. Standard works on other topics shall not be excluded, 
because they incidentally and indirectly betray the reli- 
gious opinions of their authors. 

"3. Works avoviredly on other topics which abound in 



TRUSTEES OF SCHOOL DISTRICTS. 213 

direct and unreserved attacks on, or defences of, the 
character of any religious sect; or those which holdup 
any religious body to contempt or execration, by singling 
out or bringing together only the darker parts of its his- 
tory or character, shall be excluded from the school libra- 
ries. 

"Is it said that under the above rules, heresy and error 
are put on the same footing with true religion — that Pro- 
testant and Catholic, orthodox and unorthodox, Univer- 
salist. Unitarian, Jew, and even Mormon, derive the same 
immunity ? The fact is conceded ; and it is averred that 
each is equally entitled to it, in a government whose very 
Constitution avows the principle of a full and indiscrimi- 
nate religious toleration. 

" He who thinks it hard that he shall not be allowed to 
combat, through the medium of the school libraries, be- 
liefs, the sin and error of which are as clear to him as is the 
light in Heaven, will bear in mind that the library at least 
leaves him and his religious beliefs, in as good a condi- 
tion as it found him. If it will not propagate his tenets, 
it will leave them unattacked. If he is not allowed to 
use other men's money to purchase books to assault their 
religious faiths, he is not estopped from expending his 
own as he sees fit, in his private, or in his Sunday-school 
library — nor is he debarred from placing these books in. 
the hands of all who are willing to receive them. His 
power of morally persuading his fellow men is left unim- 
paired; nor will he, if he has any confidence in the recu- 
perative energies of truth — if he believes his God will 
ultimately give victory to truth — ask more. In asking, or 
condescending to accept the support of an earthly govern- 
ment, he admits the weakness of his cause, the feebleness 
of his faith. He leans on another arm than that which 
every page in the Bible declares all-sufficient. In what 
age of the world has any church entered into meretricious 
connexion with temporal governments, and escaped unsul- 
lied from the contact? Any approximation to such con- 
nexion, even in the minutest particular — any exclusive 
right or immunity given to one religious sect or another in 
the school library or elsewhere, is not only anti-religious, 
btit anti-republican. As men we have the right to adopt 
religious creeds, and to attempt to influence others to 



214 COMMON SCHOOL SYSTEM. 

«dopt them; but as Americans, as legislators or officials 
dispensing privileges or immunities among American citi- 
zens, we have no right to know one religion from another* 
The persecuted and wandering Israelite comes here, and he 
finds no bar in our naturalization laws. The members of 
the Roman, Greek, or English church equally become 
citizens. Those adopting every hue of religious faith — 
every phase of heresy, take their place equally under the 
banner of the Republic — and no ecclesiastical power can 
snatch even ' the least of these' from under its glorious 
folds. Not an hour of confinement, not the amercement 
of a farthing, not the deprivation of a right or liberty 
weighing ' in the estimation of a hair' can any such 
power impose on any American citizen, without his own 
lull and entire acquiescence." 

With reference to the admission of novels, romances, 
and other works of the imagination, usually comprehended 
under the term " light reading," the proper course to be 
atlopted cannot be better illustrated than by the following 
extracts from a recent report of the majority of a commit- 
tee appointed by the Board of Commissioners of common 
schools of the city of Utica, to examine the books in the 
school district library of the city, and to report, among 
other things, as to the character and tendency of any 
objectionable works they might discover therein. 

"The importance of applying the funds provided by 
the state, with rigid regard to their appropriate object, ia 
so weighty — and the temptations to misapply them, in 
consequence of a present prevailing fondness for light 
and equivocal literature, are so strong, that your commit- 
tee deem it proper to enter somewhat into an examination 
of the principles which should govern those to whom is 
entrusted the responsible duty of making selections for 
school district libraries. 

" A library for instruction is a very different thing from 
a- library for amusement. The circulating library of a 
place of public resort for invalids or persons in pursuit of 
ease and pleasure, is essentially of a trifling character: 
the library of a college, or eminent public institution, is 
composed of graver and more elevated productions. While 
the book shelves of a light young man are filled with fri- 
volous and amusing works, those of a student display the 



TRUSTEES OF SCHOOL DISTRICTS. 215 

treasures of standard literature. School district libraries 
should not fall below the dignity of usefulness; in pro- 
portion as they do, they fail of fulfilling the true design of 
their institution. 

" A consideration of the object of instituting these 
libraries will enable us to judge pretty correctly of the 
general character of the books which should compose 
them ; r. is obviously, the information and improvement 
of the body of the people who can read, without reference 
to parties, sects, classes, callings, or professions. ' The 
primary object of their institution,' says the Superintend- 
ent who recommended it, Svas to disseminate works suited 
to the intellectual improvement of the great body of the 
people, rather than to throw into school districts for the 
use of young persons, works of a merely juvenile charac- 
ter.' It was, in the language of a succeeding Superin- 
tendent, ' to diffuse information — not only, or even chiefly, 
among children or minors — but among adults and those 
who have finished their common school education.' It 
was, in short, to provide a supplemental source of instruc- 
tion to those on whom the common school has exhausted 
its more limi.ed means. 

" Improvement and information, then, form the main 
object of these libraries. It is only thus that they become 
the proper subjects of public munificence. Entertainment, 
simply as entertainment, is not to be regarded in making 
selections for the school district library. It is no part of 
our public policy to provide amusements for the people. 
In this particular we have improved not only on antiquity, 
but on many modern governments, by substituting, in the 
place of vain and wasteful public shows and frivolities, 
those more substantial and elevating subjects of public 
bounty, which consist in permanent and wise institutions, 
designed to fit our citizens for the proper discharge of their 
duties as members of a great community, whose duration 
and prosperity depend upon the knowledge and virtue of 
the people. 

" We first teach the children of the republic to read, 
and to appreciate instruction. We lead them to thirst for 
information, and then seek to open the fountains which 
may satisfy that thirst. The common school is the first 
step in their advancement — the school district library is 



216 COMMON SCHOOL SYSTEM. 

partially designed to be the second. It supplies informa- 
tion of a more varied and extensive sort — and if that 
information comes clothed in allurements of a virtuous, 
or entertainment of an innocent character, it is the more 
welcome on that account. These are mere incidents, 
however — when they appear alone, they want that sub- 
stantial recommendation which is necessary to secure 
their introduction into the school district library. Books 
designed for amusement simply — to while away a vacant 
hour, and be forgotten like ephemera — are evidently na 
worthy occupants of the shelves of such a library. There 
is enough which is instructive and substantial to exhaust 
the public liberality, without squandering the well-meant 
beneficence of the state in transient and trivial publica- 
tions, which amuse to-day and to-morrow are rubbish. 
* The books, therefore,' says one of the Superintendents 
before quoted, ' should be such as will be useful among 
the inhabitants generally. They should not be children's 
books, or of a juvenile character, or light and frivolous 
tales and romances ; but works conveying solid informa- 
tion, which will excite a thirst for knowledge, and also 
gratify it, as far as such a library can.' " 

The following remarks from the last annual report of 
the Superintendent of common schools, will exhibit more 
fully the view taken of this branch of the subject by the 
department: 

" There is reason to apprehend that the officers charged 
with the duty of selecting books for these libraries have 
too generally failed to appreciate the importance of a suit- 
able provision for the intellectual and moral wants of the 
children of the district. Much misapprehension has ex- 
isted on this subject, in consequence of the general pro- 
hibition, contained in the instructions heretofore commu- 
nicated from this department, against the introduction into 
the school libraries of books of ' a merely juvenile charac- 
ter.' The true principles upon which the selections for 
these institutions should be made, may be clearly inferred, 
as well from the original design of the appropriation, as 
from the contemporaneous exposition of the Superinten- 
dent, under whose immediate auspices it was nrst carried 
into effect. The distribution of the fund provided for 
this puroose, was directed by the act under w|iich it was 



TRUSTEES OF SCHOOL DISTRICTS. 217 

supplied, to be made ' in like manner and upon the like 
condition as the school moneys are now or shall hereafter 
be distributed, except that the trustees of the several dis- 
tricts shall appropriate the sum received to the purchase 
of a district library.' The amount of library money, 
therefore, under this provision, to which each district be- 
came entitled, was in proportion to the number of children 
between the ages of five and sixteen, residing therein, 
compared with the aggregate number in all the districts, 
and not in proportion to the adult population merely, or 
the whole population combined. The primary object 
of the institution of district libraries, was declared in 
the circular of Gen. Dix accompanying the publica- 
tion of the act of 1838, to be 'to disseminate works 
suited to the intellectual improvement of the great body 
of the people, rather than to throw into school dis- 
tricts for the use of the young, hooks of a merely juve- 
nile character; and that by collecting a large amount 
of useful information, where it will be easily accessible, 
the influence of these establishments can hardly fail to be 
in the highest degree salutary to those who have finished 
their common school education, as well as to those who 
have not. The object in view will probably be best an- 
swered by having books suitable for all ages above ten or 
twelve years, though the proportion for those of mature 
age ought to be by far the greatest.' When it is con- 
sidered that the foundations of education are laid during 
the period of youth, and that the taste for reading and 
study is, with rare exceptions, formed and matured at this 
period, if at all, the importance of furnishing an adequate 
supply of books, adapted to the comprehension of the im- 
mature but expanding intellect — suited to its various stages 
of mental growth, and calculated to lead it onward by a 
gradual and agreeable transition, from one field of intel- 
lectual and moral culture to another, cannot fail to be 
appreciated. And even if the intellectual wants of many 
of the inhabitants of the districts, of more mature age, 
are duly considered, it admits of little doubt that a due 
proportion of works of a more familiar and elementary 
character than are the mass of those generally selected, 
would have a tendency not only to promote, but often to 
create that taste for mental pursuits which leads by a 



218 COMMON SCHOOL SYSTEM. 

rapid and sure progression to a more extended acquaint- 
ance with the broad domains of knowledge. Those whose 
circumstances and pursuits in life, have hitherto precluded 
any systematic investigation of literary subjects, and who, 
if they possessed the desire, were debarred the means of 
intellectual improvement now brought within their reach, 
can scarcely be expected to pass at once to that high 
appreciation of useful knowledge, which the perusal of 
elaborate treatises on any of the numerous branches of 
science or metaphysics requires ; and the fact brought to 
view by the annual reports of the County Superintend- 
ents, that by far the greater proportion of the inhabitants 
of the several districts neglect to avail themselves of the 
privileges of the library, indicates too general a failure, 
to supply these institutions with the requisite proportion 
of elementary books. 

*' In the selection of books for the district libraries, 
suitable provision should be made for every gradation of 
intellectual advancement ; from that of the child, whose 
insatiable curiosity eagerly prompts to a more intimate 
acquaintance with the world of matter and of mind, to 
that of the most finished scholar, who is prepared to 
augment his stock of knowledge by every means which 
may be brought within his reach. The prevalence of an 
enlightened appreciation of the requirements of our peo- 
ple in this respect, has already secured the application of 
the highest grade of mental and moral excellence to the 
elementary departments of literature ; and works adapted 
to the comprehension of the most immature intellect, and 
at the same time capable of conveying the most valuable 
information to more advanced minds, have been provid- 
eJ — wholly free, on the one hand, from that puerility 
which is fit only for the nursery, and on the other, from 
those generalizations and assumptions which aie adapted 
only to advanced stages of mental progress. A more 
liberal infusion of this class of publications, sanctioned 
b}' the approbation of the most experienced friends of 
education, into our district libraries, would, it is confi- 
dently believed, remove many of those obstacles to their 
general utility, which otherwise are liable to be perpetua- 
ted from generation to generation." 

It is the duty of the trustees to provide a plain and suf 



TRUSTEES OF SCHOOL DISTRICTS. 219 

/icient case for the library, with a good lock, if the dis- 
trict shall have neglected to do so. They are also to 
cause the books and case to be repaired as soon as may 
be, when injured; and to provide sufficient wrap- 
ping paper to cover their books, and the necessary writ- 
ing paper to enable the librarian to keep minutes of 
the delivery and return of books. These are proper ex- 
penses for the preservation and repair of the books, and 
are to be defrayed by a tax on the district, which is to be 
added by the trustees to any tax voted by a district meet- 
ing. It is not necessary that the tax to defray these 
expenses should be voted by the inhabitants of the dis- 
trict ; it is to be assessed and collected in the same man- 
ner as a tax for building or repairing a school-house, or to 
furnish it with necessary fuel and appendages. 

The trustees of each school district are required, at the 
time of making their annual reports, to deliver to the 
Town Superintendent of common schools of their town, 
a catalogue containing the titles of all the books in the 
district library, with the number of volumes of each set 
or series, and the condition of such books, whether sound, 
or injured, or defaced. This catalogue must be signed 
by them and by the librarian. 

Trustees are authorized by the regulations of the Su- 
perintendent in pursuance of law, to impose the following 
fines: 

1st. For each day's detention of a book beyond the 
time allowed by the regulations, six cents, but not to 
be imposed for more than ten days' detention. 

2d. For the destruction or loss of a book, a fine equal 
to the full value of the book, or of the set, if it be one of 
a series, with the addition to such value of ten cents for 
each volume. And on the payment of such fine, the par- 
ty fined shall be entitled to the residue of the series. If 
he has also been fined for detaining such book, then the 
said ten cents shall not be added to the value. 

3d. For any injury which a book may sustain after it 
shall be taken out by a borrower and before its return, a 
fine may be imposed of six cents for ev^ry spot of grease 
or oil upon the cover or upon any leaf of the volume; for 
writing in or defacing any book, not less than ten cents, 
nor more than the value of the book; for cutting or tear- 



220 pOMMON SCHOOL SYSTEM. 

ing the cover, or the binding, or any leaf, not less than 
ten cents, nor more than the value of the book. 

4th. If a leaf be torn out, or so defaced or mutilated 
that it cannot be read, or if any thing be written in the 
volume, or any other injury done to it, which renders it 
unfit for general circulation, the trustees will consider it a 
destruction of the book, and will impose a fine accord- 
ingly, as above provided in case of loss of a book. 

5th. When a book shall have been detained seven days 
beyond the twenty days allowed by the regulations, the 
librarian is to give notice to the borrower to return the 
same within three days. If not returned at that time, 
the trustees may consider the book lost or destroyed, and 
may impose a fine for its destruction in addition to the 
fines for its detention. 

Previous to the imposition of any fine, two days' writ- 
ten or verbal notice is to be given by any trustee, or the 
librarian, or any other person authorized by either of 
them, to the person charged, to show cause why he should 
not be fined for the alleged offence or neglect ; and if 
within that time good cause be not shown, the trustees 
must impose the fine herein prescribed. No other excuse 
for an extraordinary injury to a book, that is, for such an 
injury as would not be occasioned by its ordinary use 
should be received, except the fact that the book was as 
much injured when it was taken out by the person 
charged, as it was when he returned it. As such loss 
must fall on some one, it is more just that it should be 
borne by the party whose duty it was to take care of 
the volume, than by the district. Negligence can be 
prevented, and disputes avoided, only by the adop- 
tion of this rule. Subject to these general principles the 
imposition of all, or any of these fines, is discretionary 
with the trustees, and they should ordinarily be imposed 
only for wilful or culyahly negligent injuries to books, or 
where the district actually sustains a loss, or serious 
injury. Eeasonable excuses for the detention of the books 
beyond the twenty days, should in all cases be received. 

The librarian is to inform the trustees of every notice 
given by him to show cause against the imposition of a 
fine ; and they are to assemble at the time and place 
appointed by him, or by any notice given by them, or any 



TRUSTEES OF SCHOOL DISTRICTS. 221 

one of them ; and to hear the charge and defence. They 
are to keep a book of minutes, in which every fine imposed 
by them, and the cause, shall be entered and signed by 
them, or the major part of them. Such original minutes, 
or a copy certified by them, or the major part of them, or 
by the clerk of the district, is made conclusive evidence 
of the fact that a fine was imposed as stated in such 
minutes, according to the regulations. 

It is the duty of trustees to prosecute promptly for the 
collection of all fines imposed by them. Fines collected 
for the detention of books, or for injuries to them, are to 
be applied to defray the expense of repairing the books in 
the library. Fines collected for the loss or destruction of 
any book, or of a set or series of books, are to be applied 
to the purchase of the same or other suitable books. 

VII. ANNUAL REPORT OF TRUSTEES. 
1. WHEN TO 3E MADE, AND WHAT TO CONTAIN. 

By the fourteenth section of the act of 1843, trustees 
are required to make and transmit their annual reports to 
the Town Superintendent, between the first and fifteenth 
days of January in each year. By § 91, (No. 136,) such 
report is to be dated on the first day of January, and must 
specify : 

1. The whole time any school has been kept in their 
district during the year ending on the day previous to the 
date of such report, and distinguishing what portion of 
the time such school has been kept by qualified teachers: 

2. The amount of moneys received from the Town 
Superintendent of common schools, during such year, and 
the manner in which such moneys have been expended: 

3. The number of children taught in the district during 
such year : 

4. The number of children residing in the district, on 
the last day of December previous to the making of such 
report, over the age of five years and under sixteen years 
of age, (except Indian children, otherwise provided for by 
law,) and the names of the parents or other persons with 
whom such children shall respectively reside, and the 
number of children residing with each. 

5. The amount of money paid for teachers' wages, in 



222 COMMON SCHOOL SYSTEM. 

addition to the public money paid therefor, and such other 
information in relation to the schools and the districts as 
the Superintendent of common schools may from time to 
time require. 

By virtue of the authority conferred on the Superin- 
tendent, under this provision, they are also required to 
state in their annual reports, 

1. The number of books belonging to their district 
library on the last day of December in each year : 

2. The number of times the school in their district has 
been inspected and visited by the County and Town 
Superintendents, respectively, during the year reported : 

3. The names of the several school books in use in the 
school in their district, during such year : 

4. The number of pupils who have attended the school 
in said district for a term less than two months, during 
the said year ; the number attending two, and less than 
four months ; the number attending four and less than 
six months ; the number attending six and less than eight 
months ; the number attending eight and less than ten 
months ; the number attending ten and less than twelve 
months ; and the number attending twelve months : 

5. The number of select and private schools in their 
district, other than incorporated seminaries, and the ave- 
rage number of pupils attending them during the prece- 
ding year: 

6. The number of colored children between the ages 
of five and sixteen years, attending any school for such 
children established in the district, and instructed therein 
at least four months by a teacher duly licensed, specifying 
the number attending from different districts, designating 
such districts, and the number from each, the amount of 
public money received from the Town Superintendent7<>^ 
sjick schools, during the year ending with the date of their 
report, and the amount paid for the compensation of such 
teacher, over and above the public money so received. 

One of the most important items in the annual report 
of trustees is the number of children residing in the dis- 
trict between the ages of 5 and 16, as it affords the most 
sure and practical test of the progress of primary educa- 
tion. There is reason to believe, that the reports have 
heretofore been verv inaccurate in this resn-jct. Some 



TRUSTEES OF SCHOOL DISTRICTS. 223 

difficulty has, it is true, been experienced in determining 
with the requisite precision, the children proper to be 
included within the boundaries of the several districts ; 
but the specific provisions of the late act, ^ 34, (No. 140,) 
will, it is believed, remove every difficulty of this kind. 
By that section it is required that the reports shall include 
all children over 5 and under 16, who, at the date of the 
report, are actually in the district, composing part of the 
family of their employers, &c. residing at the time in the 
district, although such residence, — that is of the employ- 
ers, parents, &c. be temporary. But children belonging 
to the family of a person who is an inhabitant of another 
district, are not to be included. If therefore a person 
who is not an inhabitant of some other district, resides 
temporarily in a given district, all the children belonging 
to his family are to be reported. The law embraces a 
class of persons who were not before enumerated in any 
district — those whose parents or employers had not gained 
a residence in the state. 

Children attending an academy, are to be enumerated, 
only where their parents are actually residents of the dis- 
trict in which the academy is situated. — Com, School 
Dec. 58, 

Trustees are expressly prohibited by law from includ- 
ing in iheir enumeration children supported at a county 
poor-house, (No. 139.) 

The children of a man removing on the last day of 
December from one district to another, are to be enumerat- 
ed in the district into which he moves. The enumera- 
tion is made with a view to the apportionment of the 
money for the succeeding year; and it is proper that the 
money drawn upon the basis of that enumeration should 
as far as possible, go to the district in which the children 
enumerated are to reside, and in which the money receiv- 
ed for their benefit is to be expended. — Com, School Dec, 
216. 

A man cannot, however, gain a residence in a place 
unless he goes there toith the intention of remaining. 
Where, therefore, an inhabitant of a school district leaves 
Buch district with the whole or a portion of his family a 
few davs nrevious to the last of Dp^^^inher, «tP'^ ^^"^ 'r*to 
aootber district, where alter remaining a few aays, he 



224 COMMON SCHOOL SYSTEM. 

returns to the former district, his children are nevertheless 
to be enumerated by the trustees of the district to which 
he evidently belongs. — Per Young, Sup^t. 

Form of a district report to be made by the Trustees to the Town 
Superintendent of Common Schools. 

To the Town Superintendent of common schools of the town of 

We, the trustees of school district number in said town, in 

conformity with the statutes relating to common schools, do certify 
and report, that the whole time any school has been kept in our dis- 
trict during the year ending on the date hereof, and since the date 
of the last report for the said district is, {here insert the whole time 
any school has been kept in the district school-hozise, although for a 
part of that time it may have been kept by teachers not duly qua- 
lified,^ and that during said year and since the date of said 
last report such school has been kept by a teacher lor teachers as 
the case may 6e] after obtaining a certificate of qualification, accor- 
ding to law, is [here insert the time with precision :] that the amount 
of money apportioned to our district by the Town Superintendent of 
common schools during the said year and since the date of the said 
last report, except library money, is {here insert the whole amount, 
excepting library money, although it may hare been received in 
whole or in part by predecessors in office,'] and that the said sum 
has been applied to the payment of the compensation of teachers 
employed in the said district and licensed as the statute prescribes. 
\_Ifthe amount apportioned has not been expended, the reason for such 
omission should be particularly specified.'] That the amount of 
library money received in our district from the Town Superintendent 
of common schools during said year and since the date of the said last 
report, is {here insert the whole amount of library money, although 
it may have been received in whole or in part by predecessors in 
office,] and that the said sum was, on or before the first day of Oc- 
tober last, applied to the purchase of a library for the district, [or 
to the purchase of a map of the State of New- York, a terrestrial 
globe, a black-board, SfC, (specifying particularly the articles pur- 
chased) in pursuance of a vote of the district at a special meeting 
called and held according to law.] That the number of volumes 
belonging to the district library and on hand on the last day of De- 
cember last, is [here insert the whole number of volumes.] That the 
number of children taught in said district, during said year and 
since last report is [here insert the same, not by conjecture, but by 
reference to the teacher's list, or other authentic sources.] That 
of the said children (10) attended less than two months ; (5) two 
months and less than four; (8) four months and less than six ; (4) 
six months and less than eight ; eight months and less than ten ; 
ten months and less than twelve; twelve months. And that 
the number of children residing in our district on the last day of 
December last, who are over five and under sixteen years of age, is 
[here insert the number, taking in such as resided in the district on 
the last day of December, and who were then over five and under 
sixteen years of age,] and that the names of the parents, and othei 



TRUSTEES OF SCHOOL DISTRICTS. 225 

persons with whom such children respectively reside, and the num. 
ber residing with each are as follows, viz: 

Parents, 8fc. No. of children. 

A. B., 5 

CD., 3 

{1/ a colored school has been taught in the district the following 
should be added:] 

That the number of colored children between the ages of 5 and 
16 years attending a school taught in our district during the year 
aforesaid, by a licensed teacher for at least four months, was [24,-] 
of whom [10] reside in said district, [5] attending from district No. 
5, [4] from district No. 7, [2] from district No. 6, and [3] from 
district No. 19. That the whole amount of public money received 
from the Town Superintendent of common schools of our town, du« 
ring the year aforesaid, for the use of said colored school, was$ 
and that the said sum has been applied to the compensation of the 
teacher thereof: and that the amount paid to such teacher, over and 
above the public money so received, was $ .] 

And we further report, that our school has been visited by the 
County Superintendent of the county times, and by the Town 
Superintendent, in company with the County Superintendent 
times, and by said Town Superintendent separately times, during 
the year preceding this report, and that the sum paid for teachers' 
wages, over and above the public moneys apportioned to said dis- 
trict, during the same year, amounts to $ . [This blank is 
he filled with the sum total of all the school bills for the ydfbr, which 
are made out after applying- the school money to the payment of 
teachers^ wages.} That the school books in use in said district du- 
ring said year, are the following, viz: [Here specify the titles of 
all the text books used in the school during the several terms. That 
there have been private or select schools, not incorporated, 
taught in said district during the year aforesaid, and that the ave- 
rage number of pupils in attendance therein was. [Here state the 
number as near as can be ascertained.] 

Dated ^t the first day of January, in the year of our 

Lord one thousand eight hundred and 

A. B.) 

C. D. > Trustees. 

E. F.) 

Form of a District Report, where the district is formed out of two 
or more adjoining towns. 

To the Town Superintendent of common schools of the town of 

We, the trustees of school district number , formed partly out 
of said town, and partly out of the adjoining town of , do, in 

eoulormity with the statutes relating to common schools, certify and 
report, 

That the school-house in said district is situated in the town of 
(or on the line of the towns of and .) That the whole 

time any school has been kept in our district, during the year ending 
on the date hereof, and since the date of the last report for saiddis- 
trict, is [here insert the whole time any school has been kept in th$ 

15 



226 COMMON SCHOOL SYSTEM. 

district school-house, although for a part of that time it may 
have been kept by teachers duly qualified,] and that the time 
during said year and since the date of said last report, such 
school has been kept by a teacher, lor teachers, as the case may 
be,] after obtaining a certificate of qualification according to law is 
[here insert the time with precision.} That the amount of money 
apportioned to our district by the Town Superintendents of common 
schools, during the said year, and since the date of the said last 
report, excepting library money, is [here insert the whole amount 
excepting library money, although it may have been received in 
whole or in part by predecessors in office,} and that the said sum 
has been applied to the payment of the compensation of teachers 
employed in said district, and licensed as the statute prescribes. 
That the amount of library money received in our district from the 
Town Superintendent of common schools during said year, and since 
the date of said last last report, is {here insert the whole amount of 
library money, although it may have been received in whole or in 
part by predecessors in office,] and that the said sum was, on or 
before the first day of October last, applied to the purchase of a^ 
library for the district, [or to the purchase of maps, globes, ^c. 
(specifying the articles purchased) in pursuance of a vote of the 
district at a special meeting called and held in the manner pre- 
scribed by law.] That the number of volumes belonging to the dis- 
trict library and on hand on the last day of December last, is [here 
insert the whole number of volumes.] That the number of children 
taught in said district during said year, and since said last report, 
is [here in^rt the same, not by conjecture, but by reference to the 
teachers' list or other authentic sources.] That of the said chil- 
dren [10] attended less than two months, [8] two months and less 
than four, [6] four months and less than six, [8] six months and 
less than eight, [3] eight months and less than ten, ten months 
and less than twelve, twelve months. And that the number of 
children residing in our district on the last day of December last, 
who are over five and under sixteen years of age, is [here insert the 
number, taking in such only as actually reside in, the district on 
said day, and who were then over five and under sixteen years of 
age,] and that the names of the parents or other persons with whom 
such children respectively reside, and the number residing with each, 
are as follows, viz : 

Parents, 8fc. No. of children 

A.B., 5 

CD., 3 

\If a colored school has been taught in the district the following 
should be added:] 
That the number of colored children between the ages of 5 and 
16 years attending a school taught in our district during the year 
aforesaid, by a licensed teacher for at least four months, was (24,) 
of whom (10) reside in said district, (5) attended from district No. 
5, (4) from district No. 7, (2) from district No. 6, and (3) from 
district No. 19. That the whole amount of public money received 
from the Town Superintendent of common schools of our town dur- 
ing the year aforesaid, for the use of said colored school, was 



TRUSTEES OF SCHOOL DISTRICTS. 227 

$ , and that the said sum has been applied to the compensation 
of the teacher thereof ; and that the amount paid to such teacher 
over and above the public money so received, was $ .] 

And we do further specify and report, that of the said sum of mo- 
ney so as above stated to have been apportioned to our district, to 
be applied to the payment of teachers' wages, the sum of [here 
insert the same with precision,'] was for and on account of 
that part of said district lying in said town of , and the sum 

of for and on account of the other part thereof, lying and being 
in said town of . That of the said sum of money, so as above 

stated to have been received in our said district for the purchase of 
a district library, the sura of [here insert the same with precision,^ 
was received for and on account of that part of said district lying in 
said town of , and the sum of for and on account of the 

other part thereof lying and being ia the said town of . That 

of the said children, so above stated to have been taught in our said 
district, the number belonging to that part of said district lying in 
said town of is , and that the number belonging to 

the other part thereof, lying in said town of is . That 

of the said children between the said ages of five and sixteen years, 
so as above, stated to reside in our district, the number residing in 
that part of said district lying in said town of is , 

and that the number residing in the other part thereof, lying in said 
town of is 

And we do further report that our school has been inspected by 
the County Superintendent during the past year [once or twice, or 
not at all, as the case may be,] by the Town Supei^ntendent, in 
company with the County Superintendent, [once, &c.] and by said 
Town Superintendent separately, [once or twice, ^c] That the 
sum paid for teachers' wages in said district, over and above the 
public money apportioned to said district, during the same year, 
amounts to $ cents, of which dollars cents, were 

paid by that part of the district lying in the town of 
and dollars cents, by that part lying in the town 

of 

[This blank is to he filled with the sum total of all the school 
bills for the year, which are made out after applying the school 
money to the payment of the teachers' wages.} 
That the school books in use in said district, during said year, arc 
the following, viz: [Here specify the title of all the text books used 
in the school during the several terms.) That there have been 
private or select schools, not incorporated, taught in said district 
during the year aforesaid, and that the average number of pupils 
in attendance therein was [here state the number, as near as can 
be ascertained.] 

Dated at , this first day of January in the year of ouJ 

Lord one thousand eight hundred and 

A. B.,^ 

C. D., > Trustees. 

E. F.,> 

By the sixth section of the act 1839, (No. 106,) " Town 
Superintendents of common schools, and trustees and 



223 COMMON SCHOOL SYSTEM. 

clerks of school districts, refusing or wilfully neglectingr 
to make any report, or to perforin any other duty required 
by law, or by regulations or decisions made under the 
authority of any statute, shall severally forfeit to their 
town, or to their district, as the case may be, for the use 
of the common schools therein, the sum of ten dollars for 
each such neglect or refusal, which penalty shall be sued 
for and collected by the supervisor of the town, and paid 
over to the proper officers, to be distributed for the benefit 
of the common schools in the town or district to which 
such penalty belongs ; and when the share of school or 
library money apportioned to any town or district, or 
school, or any portions thereof, or any money to which a 
town or district would have been entitled, shall be lost in 
consequence of any wilful neglect of official duty by any 
Town Superintendent of common schools, or trustees or 
cierks of school districts, the officers guilty of such neglect 
shall forfeit to the town or district the full amount, with 
interest, of the moneys so lost; and they shall be jointly 
and severally liable for the payment of such forfeiture." 

By ^ 96 of the school act, (No. 145,) " Every trustee of 
a school district, or separate neighborhood, who shall sign a 
false report to the Town Superintendent of common schools 
of his town, with the intent of causing such Town Superin- 
tendent to apportion and pay to his district or neighbor- 
hood, a larger sum than its just proportion of the school 
moneys of the town, shall, for each offence, forfeit the 
8um of twenty-five dollars, and shall also be deemed guil- 
ty of a misdemeanor." 

VIII. TRUSTEES ACCOUNTINO TO THEIR SUCCESSORS, PAYING OVER 
BALANCES AND DELIVERING PAPERS TO THEM. 

By ^ 9S, et seq. of the school act, (No. 14S,) et seq. 
"The trustees of each school distiict shall, on the expira- 
tion of their offices, render to their successors in office, 
and to the district, at a district meeting, a just and true 
account, in writing, of all moneys received by them re- 
spectively, for the use of their district, and of the manner 
in which the same shall have been expended; which 
account shall be delivered to the district clerk, and be 
filed by him. Any balance of such moneys, which shall 
ftopear from such account to remain in the hands of the 



I 



TRUSTEES OF SCHOOL DISTRICTS. 229 

trustees, or either of them, at the time of rendering the 
account, shall immediately be paid to some one or mora 
of their successors in office. Every trustee who shall 
refuse or neglect to render such account, or to pay over 
any balance so found in his hands, shall, for each offence, 
forfeit the sum of twenty-five dollars. It shall be the 
duty of his successors in office to prosecute, without delay, 
in their name of office, for the recovery of such forfeiture; 
and the moneys recovered shall be applied by thera to 
the use and benefit of their district schools. Such suc- 
cessors shall also have the same remedies for the recovery 
of any unpaid balance in the hands of a former trustee, 
or his representatives, as are given to the Town Superin- 
tendent of common schools against a former Superintend- 
ent and his representatives: and the moneys recovered 
shall be applied by them to the use of their district, in 
the same manner as if they had been paid without suit. 
All bonds or securities taken by the trustees from the 
collector of their district, shall, on the expiration of their 
office, be delivered over by them to their successors ia 
office." 

IX. SUITS BY AND AGAINST TRUSTEES. 
1. SUITS BY TRUSTEES. 

By ^ 4, of chap. 44, Laws of 1831, (No. 88,) trustees 
are authorized to sue for and recover the moneys due 
upon any security taken by them, or their predecessors in 
office, on the sale of the school-house and site of their 
district, in the cases provided for by that section, with 
interest and costs. 

By ^ 87, R. S. (No. 126,) the trustees are authorized 
to sue for and recover the value of, or amount paid for, 
the proportion of fuel which any inhabitant of the district 
shall neglect to provide, on notice, together with costs of 
suit. 

By ^ 89, (No. 133,) trustees are authorized to prosecute 
for the amount due on a tax list or rate-bill, against non- 
residents of their district, where no goods or chattels can 
be found in the district whereon to levy. 

By <) 90. (No, 135,) they are directed, in case the 
moneys apportioned to their district are withheld by the 



230 COMMON SCHOOL SYSTEM. 

' Town Superintendent, to prosecute for the recovery thereof, 
with interest, or to pursue such other remedy for the re- 
covery thereof, as is or shall be given by law. This pro- 
vision, it is supposed, is applicable only to cases of illegal 
detention in the hands of the Town Superintendent, of 
money apportioned to a district, and not to the withhold- 
ing of such money in consequence of the discovery of 
some illegality or informality in the reports from the dis- 
tricts. Where the right of the district to its share is 
incontestible, and the amount is still withheld for any 
reason, the trustees are directed to prosecute, and the 
proper remedy in such a case, would be an action of as- 
sumpsit for money had and received to the use of the 
district or teacher against such Town Superintendent. 

By ^ 101, (No. 151,) trustees are directed to prosecute 
their predecessors for the recovery of the forfeiture of 
twenty-five dollars, incurred by a refusal or neglect to 
account, or to pay over any balance due from them, on 
the expiration of their term of office, and to apply the 
money recovered to the use and benefit of their school ; 
and by ^ 102, (No. 152,) in connection with ^ 40, (No. 48,) 
they are authorized to prosecute for any unpaid balance in 
the hands of a former trustee, or his representatives, and 
directed to apply the amount recovered to the use of the 
district, in the same manner as if it had been paid 
without suit. 

By ^ 109, (No. 159,) they are also authorized to prose- 
cute for the recovery, with interest and costs, of all for- 
feitures incurred by a collector, and unpaid balances in 
his hands, and to apply the moneys recovered in the same 
manner as if paid without suit.. 

By ^ 9, of the act of 1841, (No. 73,) trustees are to pro- 
secute for the recovery of the fine often dollars, with costs 
of suit, imposed upon any inhabitant voting at any school 
district meeting without being qualified. 

2. SUITS AGAINST TRUSTEES. 

It is conceived that an essential service may be rendered 
to officers connected with common schools, by informing 
them of some general principles to show the extent of 
their liability to suits by individuals. 

Officers required by law to exercise their judgments are 



TRUSTEES OF SCHOOL DISTRICTS. 23l 

not answerable for mistakes of law, or mere errors of judg- 
ment, without any fraud or malice. Jenkifis vs. Waldron^ 
11th Johnson^s Reports^ 114. 

A public officer who is required by law to act in certain 
cases, according to his judgment or opinion, and subject 
to penalties for his neglect, is not liable to a party for an 
omission arising from a mistake, or want of skill, if act- 
ing in good faith. Seaman vs. Patten, 2d Caine^s i2e- 
ports, 312. 

But an officer entrusted by the common law or by stat ■ 
ute is liable to an action for negligence in the performance 
of his trust, or for fraud or neglect in the execution of his 
office. Je7iner vs. Joliffe, 9 John. Rep. 3S1. 

And an officer who commands an act to be done by 
issuing a warrant or other process, if he act without juris- 
diction of the subject matter, or of the person, is liable 
as a trespasser. Horton vs. Auchmordy, 7 Wendell, 200. 
But if he have jurisdiction, errors in judgment do not 
subject him to an action. 

Mere irregularities in proceedings will not render an 
officer, having discretionary powers, or acting as a judge, 
liable to a civil suit. There is a large class of cases, in 
which the remedy is only by plea to the proceedings or 
by writ of error. — See Butler vs. Potter, 17 Johns. 145, 
and Griffin vs. Mitchell, 2 Cowen's Rep. 548. 

The collector or other officer who executes process, has 
peculiar protection. He is protected, although the court 
or officer issuing such process, have not, in fact, jurisdic- 
tion of the case ; if on the face of the process it appears 
that such court or officer had jurisdiction of the subject 
matter, and nothing appears in such process to apprise 
the officer but that there was jurisdiction of the person of 
the party affected by the process. — Savacool vs. Boughton, 
5 Wendell's Reports, 170. 

A contract made by all the trustees, and signed by two, 
is binding; and where a contract is signed, or a warrant 
issued, by two trustees, the presence of the third will be 
presumed until the contrary be shown. Two trustees can 
contract against the will of the third, if he was duly noti- 
fied of a meeting of the trustees, or was consulted and 
refused to act. — McKoy vs. Courtree, 9 Wen. 17. 

Where a district votes a tax to purchase a new site and 



232 COMMON SCHOOL SYSTEM. 

build a school-house thereon, where the consent of the Town 
Superintendent had not been obtained for a change of the 
site, (the district not being an alteted one,) the trustees 
are liable in trespass for making out a tax list and issuing 
a warrant for the collection of such tax; on the ground 
that the district had no authority to vote such tax. — Baker 
vs. Freeman, 9 Wendell, 36. 

Trustees are nor liable as trespassers for omitting to 
insert the names of all the taxable inhabitants in the tax 
list, where there is no evidence of bad faith on their part. 
— Easton vs. Calendar, 11 Wendell, 90. 

Subordinate tribunals are not liable as trespassers for 
acts done growing out of an error of judgment. — lb. 

Trustees are liable in trespass for making out their tax- 
list upon any other basis than the last assessment roll of 
the town, after it has been reviewed and finally settled by 
the assessors. — Alexayider vs. Hoyt, 7 Wend. 89. 

Inhabitants of a district must vote a precise and defi- 
nite sum as a tax for building a school-house, or any other 
purpose, and trustees will not be authorized to issue their 
warrant to levy a tax under a general vote. — Robinson vs. 
Dodge, 18 Johns. 351. 

Trustees in office are liable on the contracts of their 
predecessors for the employment of teachers, personally, 
because they have the means of indemnifying themselves, 
and those who made the contract are not liable after the 
expiration of their term of office. — Silver vs. Cumming, 
7 Wendell, 181. 

The court intimate a distinction between those cases 
where the trustees are not to act unless money is previ- 
ously raised, and those where it is to be collected subse- 
quent to the performance of the work. In the first class 
of cases they are not to incur responsibilities beyond the 
means in their possession ; they render themselves per- 
sonally responsible, and their successors are not holden. 
The first class of cases would seem to include those only 
which are specified in sub. 5, of ^ 75, (No. 103,) and those 
in \yhich blank books, maps, globes, black boards, and 
other school apparatus may be procured by means of a 
previous tax. In these cases successors are supposed not 
to be liable, unless money comes into their hands for the 
purpose. 



TRUSTEES OF SCHOOL DISTRICTS. 233 

In all other cases, it is supposed successors are liable 
on the contracts of their predecessors. 

It is quite important to trustees to know that the deci- 
eions of this de artment have been, uniformly, that their 
costs in any suit cannot be paid by a vote of the district 
to levy a tax for that purpose ; as the only purposes for 
which a tax can be voted are specified in the statutes, and 
this is not amonor them. 

Questions respecting the liability of trustees for their 
joint acts, and for the acts of each other, are frequently 
presented. It becomes proper to state the grounds and 
limits of their responsibility in this respect, that they may 
be better enabled to guard against its consequences. 

The object being to secure fidelity to the trust and to 
prevent negligence and fraud, the rules which govern in 
the cases of executors, guardians and other private trust- 
ees, must be applicable to officers holding a similar fidu- 
ciary relation to the public, and therefore the principles 
which have been settled in those cases by the courts, will 
be the guide in determining the extent of the liability of 
trustees. 

The general rule, as laid down by an eminent jurist, 
(Story on Equity Jurisprudence,) and sustained by the 
adjudged cases, is, tliat joint trustees are responsible only 
for their own acts, and not for the acts of each other, 
unless they have made some agreement by which they 
have expressly agreed to be bound for each other ; or 
have, by their valuntary co-operation or connivance, ena- 
bled the other to accomplish an object in violation of the 
trust. This rule is exemplified in the following cases: 

1. Where money has been received jointly, all are in 
general liable for its application, and a joint receipt is 
presumptive evidence of the fact that it came to the hands 
of all ; but either may show that his joining in the receipt 
was formal or necessary, and that the whole of the money 
was in fact received by his companions. And if it was 
misapplied before there was a reasonable opportunity to 
control it, he would not be responsible. 

2. When by any positive act, direction, or agreement, 
of one joint trustee, the money is paid over and comes to 
the hands of the others, when it might and should have 



^§S4 COMMON SCHOOL SYSTEM. 

been otherwise controlled or secured by both, then each 
will be chargeable for the whole. 

There is great difficulty in applying this rule to the case 
of trustees of common schools. The money for distri- 
bution cannot be in the hands of more than one ; there are 
ordinarily no means of insuring a control over it by all, 
by depositing it in a bank or other place of security, and 
there is no authority by which any two trustees could re- 
quire the third to give security for its faithful disburse- 
ment. One has as much right to its custody as another. 
The simple fact, therefore, that public money has been 
received by one and misapplied, cannot in itself render the 
others liable. It would seem, therefore, that there should 
be some act of omission or commission on the part of the 
others to render them liable for the misconduct of their as- 
sociate ; and here the following rule seems better adapted 
to the case : 

3. If one trustee wrongfully suffer the other to detain 
the trust money a long time, in his own hands without se- 
curity, or should lend it to him on his simple note, or 
should join with the other in lending it on insufficient se- 
curity, in all such cases he would be held liable for any 
loss. Of course, a trustee who has connived at or been 
privy to an embezzlement of the trust money would be li- 
able. And if it be mutually agreed between them that 
one shall have the exclusive management of one part of 
the trust property, and the other of another part, both 
would be liable for the acts of each. 

Considering the equal rights and powers of each trus- 
tee, that the law has made no provision for requiring se- 
curity from them, and the gross injustice of making an 
officer responsible for the misconduct of an associate over 
whom he has no control, they ought not to be held liable 
for each other's acts, unless there be some evidence of 
participation or connivance, like those specified in the 
third class of cases above mentioned. 

By section lOS, of title 4, chap. 8, part 3, Rev. Stat. p. 
476, vol. 2, 1st edition, [^ 112, p. 390, 2d edition, vol. 2,] 
it is provided that in suits against trustees of school dis- 
tricts, and other officers, " the debt, damages or costs re- 
covered against them, shall be collected in the same man- 
ner as against individuals ; and the amount so collected 



TRUSTEES OF SCHOOL DISTRICTS. 235 

shall be allowed to them in their official accounts." It is 
presumed that this provision does not relate to actions for 
personal delinquencies, but to those only which arise out 
of an official duty. As the recoveries are to be " allowed 
them in their accounts,' it is implied that they may retain 
the amount of moneys in their hands, and set off the sums 
recovered. But this cannot apply to the public school mo- 
neys, as those moneys are appropriated by law to specific 
purposes, and can not be diverted to any other. 

By ^ 33, of the act of 1841, (No. 167,) " It is provided 
that, in any suit which shall hereafter be commenced 
against Town Superintendents of common schools, or 
officers of school districts, for any act performed by vir- 
tue of, or under color of, their offices, or for any refusal 
or omission to perform any duty enjoined by law, and 
which might have been the subject of an appeal to the 
Superintendent, no costs shall be allowed to the plaintiff 
in cases where the court shall certify that it appeared on 
the trial of the cause that the defendants acted in good 
faith. But this provision shall not extend to suits for 
penalties, nor to suits or proceedings to enforce the deci- 
sions of the Superintendent." 

IX. MISCELLANEOUS PROVISIONS APPLICABLE TO TRUSTEES. 
1. SCHOOLS FOR COLORED CHILDREN. 

By § 15, of the act of 1841, (No. 168,) a school for co- 
lored children may be established in any district, with the 
approbation of the Town Superintendent, which is to be 
under the charge of the trustees of the district in which such 
school is established. Trustees, in their annual reports, 
are also required particularly to specify the number of 
such children over five and under sixteen years of age 
attending such school from different districts, naming such 
districts respectively, and the number from each attending 
for four months, and instructed by a duly qualified teacher, 
which report is to form the basis of an apportionment to 
such school, by the Town Superintendent, of a share of the 
public money. Full and explicit instructions to Town 
Superintendents and trustees, and the necessary forms for 
reports in relation to these schools, will be found under 
the appropriate heads. 



236 ' COMMON SCHOOL SYSTEM. 

The provisions contained in this section are more par- 
ticularly applicable to those cities and large villages where 
no special legal provisions have been made for the in- 
struction of colored children. The means provided, are, 
it is true, altogether insufficient to meet the expense which 
must necessaiily be incurred in the organization of these 
schools; and inasmuch as the class of community for 
whose special benefit they are intended is generally una- 
ble to contribute to such expense in any considerable de- 
gree, \he object in view can seldom be fully attained, but 
through the efforts of charitable and benevolent individu- 
als in the several districts from which the colored schools 
are composed. These efforts have hitherto been paralyzed 
by the absence of any legal power to efl^ect the neces- 
sary organization ; and the provision now made, was 
doubtless intended to supply that defect, and to furnish a 
nucleus around which the benevolent exertions of the 
friends of education and humanity might be concentrated. 
If, however, in any of the country districts, a colored school 
can be organized and efficiently kept up for the requisite 
length of time, it is hoped no efforts will be spared to car- 
ry into effect the provisions of the section. Colored chil- 
dren are entitled equally with all others, to the privileges 
and advantages of ihe district school : and wherever they 
can be grouped together in a separate school, under the 
charge of a competent teacher, they will be far more 
likely to derive the full benefits of such instruction as may 
be best adapted to their circumstances and condition, while 
at the same time, the disadvantages inseparable from theif 
attendance at the district school, will be avoided. 

2. BOND TO BE REQUIRED OF THE COLLECTOK. 

Trustees are authorized by ^ 106, (No. 156,) to require 
of the collector of their district, before delivering to him 
any warrant for the collection of moneys, to execute a 
bond to them, in their coporate name, with one or more 
sureties, to be approved by one or more of their number, 
in double the amount to be collected, conditioned for the 
due and faithful execution of the duties of his office : and 
in case any collector shall not execute such bond withia 
the time allowed him by the trustees for that purpose, 



TRUSTEES OF SCHOOL DISTRICTS. 237 



» 



which shall not be less than ten days, his office is vacat- 
ed, and the trustees are authorized to appoint any other 
person residing in the district as collector in his place. 

It is strong-ly recommended to trustees to exact of the 
collector, the bon'd required to be given by him, under the 
106th section of the school law, whenever any warrant is 
placed in his hands. This practice will be attended with 
very little trouble, and will secure the district from all 
loss, and the trustees themselves from personal liability, 
in many instances. It will also secure the prompt collec- 
tion of taxes and rate-bills, and promote system and regu- 
larity in the financial affairs of the district. 

Form of a Bond to be given by a District Collector. 

Know all men by these presents, that we, A. B. and CD., (the 
collector and his surety,) are held and firmly bound toE. F. and G. 
H. &e., trustees of school district number in the town of 

in the sum of (here insert a sum double the amount to be collected,) 
to be paid to the said E, F., G. H., &c. trustees as aforesaid, or to 
the survivor or survivors of them, or their successors; to the which 
payment, well and truly to be ma le, we bind ourselves, our heirs, 
executors and administrators, firmly by these presents. Sealed with 
our seals, and dated this day of 18 &c. 

"Whereas the above bounden A. B. has been chosen (or appoint- 
ed, as the case may be,) collector of the above mentioned school dis- 
trict number in the town of in conformity to the stat- 
utes relating to common schools ; now, therefore, the condition of 
this obligation is such that if he the said A. B shall well and truly 
collect and. pay over the moneys assessed upon the taxable inhabi- 
tants of said district, in a rate-bill or tax list, [as the case may 6c,] 
dated the day of and this day received by the said col- 
lector, which assessment amounts to a total sum of doUara 
and cents, and shall in all respects duly and faithfully execute 
the said warrant, and all the duties of his office as collector of such 
district, then this obligation shall be void, otherwise to be in full 
force and virtue. 

Signed, sealed and delivered, > A. B. [l. s,] 

in the presence of > C. D. [l. s.j 



CHAPTER V. 



DISTRICT CLERK. 



The general duties of this officer are particularly spe- 
cified in § 74, of the school act (No. 102.) He is to keep 
in a book, to be provided by the district, a record of the 
proceedings of each annual and special meeting held in 
his district ; to give notice of the time, place and object 
of such meetings in the manner prescribed by law ; and 
to preserve all records, books and papers relating to the 
district, and deliver the same, on the expiration of his 
official term, to his successor. 

By ^ 17 of the Laws of 1841, (No. 79,) he is to notify 
a special meeting for the election of officers, whenever 
the time for holding the annual meeting has passed, with- 
out such election being held ; and generally it is his duty 
to give the necessary legal notices of a district meeting, 
whenever required to do so by a majority of the trustees. 
The purpose and object of such meetings should in all 
cases be set forth in general terms ; and this is specially 
required by law when a meeting is called for the purpose 
of changing the site and removing the school-house in an 
unaltered district. [See Nos. 85, 86 and 87.] And also 
when a tax is to be levied for the purchase of books for a 
district library. [See No. 175.] 

By § 63, (No. 82,) it is declared that " the proceedings 
of no district meeting, annual or special, shall be held 
illegal for want of a due notice to all the persons quali- 
fied to vote thereat, unless it shall appear that the omis- 
sion to give such notice was wilful and fraudulent." But 
this provision will not exonerate a clerk from liability for 
gross neglect ; nor will it sanction an intentional omission 
to give notice. 

Notices of annual and special meetings must be given 
at least five days before the day on which such meetings 



240 COMMON SCHOOL SYSTEM. 

are directed to be held ; that is, the notices for a meeting 
to be held on Saturday for instance, must be given on or 
before the preceding Monday. 

In the case of anrmal meetings, or special meetings, 
which have been adjourned for a longer time than one 
month, a notice in writing, affixed in at least four public 
places in the district, is sufficient ; but notices of special 
meetings must be personally served on each inhabitant of 
the district liable to pay taxes, (which includes, of course, 
every legal voter in the district) " by reading the notice 
in the hearing of such inhabitant, or in case of his absence 
from home, by leaving a copy thereof, or of so much there- 
of as relates to the time and place of such meeting, at the 
place of his abode." (^ 56, No. 67.) 

Form of Notice for Annual Meeting. 

Notice is hereby given, that the annual meeting for the election 
of oificers in district No. in the town of , and 

for the transaction of such other business as the meeting may deem 
necessary, will be held at the school- house in said district on Mon* 
day, the day of at six o'clock, P. M. 

Dated this day of 

A. B. District Clerk. 

Form of Notice for an adjourned District Meeting, to be posted ttp 
in four public places in the District. 

SCHOOL DISTRICT NOTICE. 

Notice is hereby given, that a meeting of the freeholders and 
inhabitants of school-district. No. in the town of 

authorized by law to vote therein, will be held at on the 

day of next, (or instant, as the case may be,) at 

o'clock in the noon, pursuant to adjournment. 

Dated this day of A. D. 18 

A. B. District Clerk' 

Form of a Notice for a Special District Meeting. 

To the clerk of district number 

The trustees of district number at a meeting held for the 

purpose, have resolved that a special meeting be called at the school* 
house, on the day of 18 at o'clock in 

the noon of that day, for the purpose of [choosing a collector 

in place of A. B. removed, or whatever the object of the meeting 
may be,] and for the transaction of such other business as the meet- 
ing may deem necessary. 

You will therefore notify each inhabitant of the district entitled 
to vole therein, by reading this notice in his hearing, or if he ii 
absent from home, by leaving a copy of it, or so much as relates to 



DISTRICT CLERK. 241 

the time and place of meeting, at the place of his abode, at least 
five days before such meeting. 

Dated at this day of 18 

Trustees. 




The district clerk of each school district in this state, 
is, by a regulation of the department, required within ten 
days after each annual or special meeting for the election 
of officer^ in his district, to forward to the town clerk, the 
names of the several officers elected at such meeting, and 
the offices to which they were respectively elected. 

In pursuance of ^ 32, of the act of 1841, (No. 169,) the 
District School Journal is forwarded by mail, to the clerk 
of each district, whose duty it is, by that section, to cause 
each volume to be bound at the expense of the district, 
and to deposit the same in the district library. He or one 
of the trustees is therefore bound to take the paper from 
the post-office, punctually, paying the postage, quarterly 
in advance : and the amount so paid, being an expendi- 
ture authorized bylaw, may be added by the trustees to 
any tax list thereafter made out for district purposes, and 
refunded to the clerk, or trustee paying it. Great care 
should be taken to secure the regular receipt and careful 
preservation of the numbers, which will be sent on the 
first of each month ; and with this view, the clerk should 
stitch them together in covers, as soon as they arrive; and 
in no case permit them to be taken out of his custody, al- 
though any inhabitant of the district should be allowed 
free access to them, for the purpose of perusal, at all pro- 
per hours. The same precautions should be observed, and 
the same freedom of access and perusal allowed, in res- 
pect to the volume of Laws and Instructions, the volume 
of Common School Decisions and Laws heretofore pub- 
lished, and all other books, papers and documents belong- 
ing to the district, and placed under his official control. 

They will observe that heavy penalties and forfeitures 
are incurred by them, under § 6 of the act of 1S39, (No. 
166,) for neglect of any duty devolved upon them by law; 
and that they are made individually responsible for any 
loss that may accrue to their district, in consequence of 
such neglect, dr omission. 

16 



CHAPTER VI. 



COLLECTORS OF SCHOOL DISTRICTS. 

It is the duty of the collector of each district " to collect 
and pay over to the trustees of his district, some or one 
of them, all moneys which he shall be required by war- 
rant to collect, within the time limited by such warrant 
for its return, and to take the receipt of such trustee or 
trustees, for such payment." ^ 105, (No. 155.) 

When required by the trustees, such collector is to ex- 
ecute a bond, with one or more sureties, to be approved 
by one or more of the trustees, in double the amount of 
any tax list, (or rate-bill,) to be collected, and conditioned 
for the due and faithful performance of his duty. § 106. 
(No. 156.) 

In case such bond is not executed within the time al- 
lowed by the trustees for that purpose, which shall not be 
less than ten duys, the office of the collector is vacated, 
and the trustees may appoint any other person to supply 
the vacancy. 

1. JURISDICTION OF THE COLLECTOR. 

By § 28, of the act of 1841, (No. 132,) the jurisdiction of 
the collector in the execution of his warrant, is unlimited; 
and extends to any other district or town, " in the same 
manner, and with the like authority, as in the district for 
which he was chosen or appointed." 

2. MOPE OF PROCEEDING IN THE COLLECTION OF TAXES AND 

RATE-BILLS. 

By various provisions of the school act collectors are 
authorized and required, in the execution of warrants, de- 
livered to them for the collection of tax lists and rate-bills, 
Jo collect the amount due from the respective persons nam- 



;244 COMMON SCHOOL SYSTEM. 

ed in such warrants, in the same niamier that collectors of 
toums are authorized to collect town and county taxes. 
This is specifically pointed out by the following extracts 
from the 13th chapter of the first volume of the Revised 
Statutes, (pages 397, 398.) 

"^ 1. Every collector, upon receiving the tax list and 
warrant, shall proceed to collect the taxes therein men- 
tioned, and for that purpose shall call at least once on the 
person taxed, or at the place of his usual residence, if in 
the town or ward for which such collector has been chosen, 
and shall demand payment of the taxes charged to him 
on his property. 

" ^ 2. In case any person shall refuse or neglect to pay 
the tax imposed on him, the collector shall levy the same 
by distress and sale of the goods and chattels of the per- 
son who ought to pay the same, or of any goods and chat- 
tels in his possession, wheresoever the same may be found 
within the district of the collector; and no claim of pro- 
perty to be made thereto by any other person shall he 
available to prevent a sale. 

"S^ 3. The collector shall give public notice of the time 
and place of sale, and of the property to be sold, at least 
six days previous to the sale, by advertisements to be 
posted up in at least three public places in the town where 
such sale shall be made. The sale shall be by public 
auction. 

"<5' 4. If the property distrained shall be sold for more 
than the amount of the tax, the surplds shall be returned 
to the person in whose possession such property was when 
the distress was made, if no claim be made to such sur- 
plus by any other person. If any other person shall claim 
such surplus on the ground that the property sold belonged 
to him, and such claim be admitted by the person for 
M'hose tax the same was distrained, the surplus shall be 
paid to such owner; but if such claim be contested by 
the person for whos6 tax the property was distrained, the 
surplus moneys shall be paid over by the collector to the 
supervisor of the town, who shall retain the same until 
the rights of the parties shall be determined bv due course 
of law." 

"No replevin shall lie for any property, taken by virtue 
of any warrant for the collection of any tax, assessment 



COLLECTORS OF SCHOOL DISTRICTS. 245 

or fine, in pursuance of any statute of this state." — 2d R, 
S. page 522 f sec. 4. 

These provisions must, however, be subject to the action 
of congress, on a subject which by the Constitution is within 
its jurisdiction. The Constitution in express terms gives 
to congress the power " to provide for organizing, arming 
and disciplining the militia." 

By the act of congress of May 8, 1792, vol. 2, Laws of 
the U. S. 298,) every citizen enrolled in the militia is re- 
quired to provide himself with the following accoutre- 
ments, viz: " a good musket or firelock, a sufficient bayo- 
net and belt, two spare flints and a knapsack, a pouch with 
a box therein, to contam not less than twenty-four car- 
tridges suited to the bore of his musket or firelock, 
each cartridge to contain a proper quantity of powder and 
ball; or with a good rifle, knapsack, shot pouch and pow- 
der horn, twenty balls suited to the bore of his rifle, and a 
quarter of a pound of powder:" and the commissioned 
officers are required to be armed with a sword or hanger, 
or espontoon ; and it is declared that "every citizen so 
enrolled and providing himself with the arms, ammuni- 
tion and accoutrements required as aforesaid, shall hold 
the same exempted from all suits, distresses, executions or 
sales for debt ot for the payment of taxes. ^^ 

By the laws of this state (chap. 6, part 3, title 5, § 22, 
vol. 2, R. S.) the " arms and accoutrements required by 
law to be kept by any person," as well as a variety oi' 
other articles therein specified, are exempt from execution 
but not from distress from taxes. The only exemption, 
therefore, from the operation of a collector's warrant on a 
tax list or rate-bill, arises under the act of congress before 
quoted ; and this can only be extended to the arms, am- 
munition and accoutrements therein specified. 

The collector or other officer who executes process, has 
peculiar protection. He is protected, although the court 
or officer issuing such process, have not, in fact, jurisdic- 
tion of the case; if on the face of the process it appears 
that such court or officer had jurisdiction of the subject 
matter^ and nothing appears in such process to apprise the 
officer but that there was jurisdiction (;f the person of the 
party affected by the process. Savacool vs. Boi'.ghton, »'5 
We7idelVs Reports, 170. 



246 COMMON SCHOOL SYSTEM. 

When a tax is assessed for any distinct purpose, the col- 
lector is entitled to five per cent on the. whole amount col- 
lected and paid over by him to the trustees, or received by 
the latter. He is likewise entitled to five per cent on all 
sums collected by him or by the trustees on rate-bills; bul 
not on sums paid to or collected by the teacher^ prior to 
the delivery of the rate-bill to the collector. When pay- 
ments are voluntarily made to the teacher by the patrons 
of the school, the persons thus paying, save the five per 
cent for collector's fees, as the law recognizes such pay- 
ments, and authorizes the trustees to make out a warrant 
against such only as are liable for the residue of the teach- 
ers wages. — Com. School Dec. 54. 

Where trustees receive payments either on tax lists or 
rate bills, they are regarded as receiving the same as the 
agents of the collector; and the latter is entitled to his per- 
centage on the amount so received, and may legally col- 
lect it by virtue of his warrant. The collector is also en- 
titled to his percentage on the amount paid by the trus- 
tees, notwithstanding no actual exchange of funds is made 
between the latter and the former. — Per Young, Superin- 
tendent 1S43. 

A teacher J if otherwise eligible, may be collector; but 
he cannot charge a percent£ige on voluntary payments of 
his own wages. — Id. 

Collectors are allowed the usual fees of distress and 
sale, in addition to their percentage, where they take and 
sell the property of delinquents. — Co7n. School Dec. 111. 

Where a collector levies upon and sells property for th« 
payment of a tax list or rate-bill, and the owner of the 
property refuses to receive the excess beyond an amount 
sufficient to satisfy the warrant, the collector must retain 
the amount in his own hands, and rely upon his plea of 
tender.— /d 217. 

In the execution of his warrant, the collector should aim 
to take property amply sufficient to satisfy the amount he 
is required to collect, and no more. He is not bound to 
take any particular article of properly which may be of- 
fered: but if at the request of theoioner^ he were to take 
and sell property worth ten times the amount required to 
be raised, such request would constitute a valid answer to 
the charge of making an excessive distress. — Id. 219. 



COLLECTORS OF SCHOOL DISTRICTS. 247 

Trustees may require a bond of the collector, whenever 
any warrant is delivered to him for collection ; and al- 
though such bond is conditional generally, for the due and 
faithful execution oitke duties of his office^ it may be ques- 
tionable whether it is binding, excepting for the specific 
'purpose for which it is given ; that is, to secure the execu- 
tion of the warrant about to be received by him. It is 
therefore clearly proper to exact a bond, whenever a war- 
rant is to be delivered to him, provided the sum to be col- 
lected is of such an amount as to render it of any conse- 
quence : and if, through the omission of the trustees to 
require it, any moneys should be lost, they would be whol- 
ly inexcusable for failing to take a precaution which the 
law has provided for the express purpose of affording en- 
tire security to the district. — Id. 240. 

If the collector gives a bond, and after collecting part 
of a tax resigns, he is clearly liable, under ^ lOS, of the 
school act, for the whole amount of moneys which might 
have been collected within the time limited in the war- 
rant delivered to him for their collection, unless those 
moneys are thereafter collected ; especially where there 
has been any neglect on his part. — Id. 241, 

Where, by the neglect of a collector, moneys which 
might have been collected by him within the lime limi- 
ted, are lost to the district, he is liable for the amount, 
whether he has given a bond to the trustees or not. The 
bond is an additional security ; but if it is not required 
of him, he is not released from any obligation which the 
law imposes on him. — Id. 308. 

So, where a warrant runs out in his hands, he is an- 
swerable for any loss arising from his neglect, notwith- 
standing such warrant may have been afterwards renewed 
and delivered to his successor. — Id. 

A trustee of a school district cannot hold the office of 
collector. The same objection is not applicable to the 
district clerk ; although, as the law has created separate 
offices, it is better to carry out its intention strictly, by 
conferring them on different individuals. — Id. 142. 

If the warrant annexed to a rate-bill, or tax list, is 
signed by a majority of the trustees, it is sufficient for the 
protection of the collector, although the third trustee was 
noty infactf presenty or cofisulted. — Id. 32S. 



248 COMMON SCHOOL SYSTEM. 

Where a warrant is renewed by the trustees, the col- 
lector in office at the time of such renewal, must execute 
it.— Id. 47. 

Where a warrant is issued for the collection of a tax 
which has not been legally assessed, according to the last 
assessment roll of the town, or otherwise, or where the 
trustees have included in the tax list persons not liable to 
be so included, such warrant is a protection to the collec- 
tor, notwithstanding the trustees might be answerable in 
trespass. — Id. 282. 

A collector cannot legally sell property after the expira- 
tion of his warrant, unless such warrant is renewed, not- 
withstanding a previous levy. — Id. 286. 

Where the collector, in the execution of a warrant, re- 
ceives money current at the time of its receipt, but which 
subsequently becomes depreciated or valueless, before 
pa}Tnent to the trustees, the district, and not the collector, 
must lose the amount. — Per Spencer, SupU, 1841. 

The collector can pay over money collected by him 
only to the trustees, or on their order. — Per Dix, Sup't, 
1838. 

Trustees have no power to indemnify a collector for 
improperly selling property under their warrant. — Id. 

The representatives of a deceased person are not entitled 
to any delay in the payment of a rate-bill, or tax list, but 
are bound to pay on demand : and on refusal or neglect, 
the collector may proceed to sell any property found on 
the premises. By ^ 27, sub. 2, 2 R. S. 28, tkxes of all 
kinds have preference to any other demand. — Per Spen- 
cer, Sup't, 1840. 

Where a collector levies upon property out of his dis- 
trict, he should put up notices of the sale of such property, 
as well in the district where the sale is to take place as 
in that of his residence. — Per Young, ^Sup't, 1842. 



CHAPTER VII. 



LIBRARIAN. 



This officer is to be chosen at the annual meeting of 
the district. In case the inhabitants neglect at such 
meeting to choose such officer, the district clerk becomes 
ez-officio librarian, until the vacancy is filled by the trust- 
ees, or by the inhabitants, at their next annual meeting. 

By the first section of chap. 177, Laws of 1S39, (No. 
180,) " The librarian of any district library shall be sub- 
ject to the directions of the trustees thereof, in all matters 
relating to the preservation of the books and appurte- 
nances of the library, and may be removed from office by 
them for wilful disobedience of such directions, or for any 
wilful neglect of duty ; and whenever they shall have 
reason to apprehend the loss of any such books, or their 
injury, or destruction by his misconduct ; and whenever 
a vacancy shall exist in the office of librarian, the same 
shall be supplied by the trustees until the next annual 
meeting of the inhabitants of the district." 

By the third section of the same act, (No. 182,) " A 
»et of general regulations respecting the preservation of 
school district libraries, the delivery of them by librarians 
and trustees to their successors in office, the use of them 
by the inhabitants of the district, the number of volumes 
to be taken by any one person at any one time, or during 
any term, the periods of their return, the fines and penal- 
tie's that may be imposed by the trustees of such libraries 
for not returning, losing or destroying any of the books 
therein, or for soiling, defacing or injuring them, may be 
framed by the Superintendent of common schools, and 
printed copies thereof shall be furnished to each school 
district of the state ; which regulations shall be obliga- 
tory upon all persons and officers having charge of such 
libraries, or using or possessing any of the books thereof. 



250 UBRARIAN. 

Such fines may be recovered in an action of debt in the 
name of the trustees of any such library, of the person on 
whom they are imposed, except such person be a minor ; 
in which case they may be recovered of the parent or 
guardian of such minor, unless notice in writing shall 
have been given by such parent or guardian to the trust- 
ees of such library, that they will not be responsible for 
any books delivered such minor. And persons with whom 
minors reside shall be liable in the same manner, and to 
the same extent, in cases where the parent of such minor 
does not reside in the district." 

By § 35, (No. 184,) '' Tne legal voters in any two or 
more adjoining districts may, in such cases as shall be 
approved by the Superintendent of common schools, unite 
their library moneys and funds as they shall be received 
or collected, and purchase a joint library for the use of the 
inhabitants of such districts, which shall be selected by 
the trustees thereof, or by such persons as they shall de- 
signate, and shall be under the charge of a librarian to be 
appointed by them ; and the foregoing provisions of this 
act shall be applicable to the said joint libraries, except 
that the property in them shall be deemed to be vested 
in all the trustees for the time being of the districts so 
united. And in case any such district shall desire to 
divide such library, such division shall be made by the 
trustees of the two districts whose libraries are so united, 
and in case they cannot agree, then such division shall be 
made by three disinterested persons, to be appointed by 
the Superintendent of common schools." 

By the regulations of the Superintendent made in pur- 
suance of this provision, the librarian is required, when- 
ever any library is purchased and taken charge of by him 
to make out a full and complete catalogue of all the books 
contained therein. At the foot of each catalogue he is to 
sign a receipt in the following form : 

I, A. B., do hereby acknowledge that the books specified in the 
preceding catalogue have been delivered to me by the trustees of 
school district No. in the town of to be safely kept by 

me as librarian of the said district for the use of the inhabitants 
thereof, according to the regulations prescribed by the Superintend- 
ent of common schools, and to be accounted for by me according to 
the said regulations to the tiustees of the said district, and to be 
delivered to my successor ia office. Dated, &c. 



LIBRARIAN. 251 

A correct copy of the catalogue and receipt is then to 
be made, to which the trustees are to add a certificate in 
the following form : 

Wc the subscribers, trustees of school district No. in the town 
of do certify that the preceding is a full and complete cata- 

logue of books in the library of the said district now in posses- 
sion of A. B., the librarian thereof, and of his receipt thereon. 
Given under our hands this day of 18 

The catalogue having the librarian's receipt, is to be 
delivered to the trustees, and a copy having the certificate 
of the trustees, is to be delivered to the librarian for his 
indemnity. 

Whenever books are added to the library, a catalogue 
w^ith a similar receipt by the librarian is to be delivered 
to the trustees, and a copy with a certificate of the trus- 
tees that it is a copy of the catalogue delivered them by 
the librarian, is to be furnished to him. Every catalogue 
received by trustees is to be kept by them carefully among 
the papers of the district and to be delivered to their suc- 
cessors in office. 

Whenever a new librarian shall be chosen, all the books 
are to be called in. For this purpose the librarian is to 
refuse to deliver out any books for fourteen days preced- 
ing the time so prescribed for collecting them together. 
At these periods, they must make a careful examination 
of the books, compare them with the catalogue, and make 
written statements in a column opposite the name of each 
book, of its actual condition, whether lost or present, and 
whether in good order or injured, and if injured, specify- 
ing in general terms, the extent of such injury. This 
catalogue, with the remarks, is to be delivered to the suc- 
cessors of the trustees to be kept by them ; a copy of it 
is to be made out, and delivered to the new librarian with 
the library, by whom a receipt in the form above pre- 
scribed is to be given, and to be delivered to the trustees. 
Another copy certified by them as before mentioned, is to 
be delivered to the librarian. 

Trustees, on coming into office, are to attend at the 
library for the purpose of comparing the catalogue with 
the books. They are at all times when they think proper, 
and especially on their coming into office, to examine the 
i»ooks carefully, and note such as are missing or injured. 



252 COMMON SCHOOL SYSTEM. 

For every book that is missing the librarian is accounta- 
ble to the trustees for the full value thereof, and for the 
whole series of which it formed a part: such value to be 
determined by the trustees. He is accountable also for 
any injury which a book may appear to have sustained, 
by being soiled, defaced, torn, or otherwise. And he can 
be relieved from such accountability only by the trustees, 
on its being satisfactorily shown to them that some in- 
habitant of the district has been charged or is chargeable 
for the value of the book so missing, or for the amount of 
the injury so done to any work. It is the duty of the 
trustees to take prompt and efficient measures for the col- 
lection of the amount for which any librarian is accountable. 

The librarian must cause to be pasted in each book 
belonging to the library, a printed or written label, or 
must write in the first blank leaf of each book, specifying 
that the book belongs to the library of school district No. 
, in the town of , naming the town and giv- 

ing the number of the district; and he is on no account 
to deliver out any book which has not such printed orwrit- 
ten declaration in it. He is also to cause all the books to 
be covered with strong wrapping paper, on the back of 
which is to be written the title of the book, and its num- 
ber in large fiofures. As new books are added, the num- 
bers are to be continued, and they are in no case to be al- 
tered ; so that if a book be lost, its number and title 
must still be continued on the catalogue, with a note that 
it is missinor. 

The librarian must keep a blank book, that may be 
made by stitching together half a dozen or more sheets 
of writing paper. Let these be ruled across the width of 
the paper so as to leave five columns of the proper size for 
the following entries, to be written lengthwise of the pa- 
per: in the first column, the date of the delivery of any 
book to any inhabitant ; in the second, the title of the 
book delivered, and its number ; in the third, the name 
of the person to whom delivered ; in the fourth, the date 
of its return ; and in the fifth, remarks, respecting its con- 
dition, in the following form : 



Time of delivery. 


Title (V; No. Book. 


To whom. 


When returned. 


Condition. 


1839, June 10. 


History of Va. 43 


T. Jones. 


■30th June. 


Good. 



LIBRARIAN. 253 

As it will be impossible for the librarian to keep any 
trace of the books without such minutes, his own interest 
to screen himself from responsibility, as well as his duty 
to the public, will, it is to be hoped, induce him to be ex- 
act in making his entries at the time any book is deliver- 
ed ; and when it is returned, to be equally exact in no- 
ticing its condition, and making the proper minute. 

A fair copy of the catalogue should be kept by the 
librarian, to be exhibited to those who desire to select a 
book ; and if there be room, it should be fastened on the 
door of the case. 

REGULATIONS CONCERNING THE USE OF THE BOOKS IN DISTRICT 
LIBRARIES PRESCRIBED BY THE SUPERINTENDENT OF COMMON 
SCHOOLS PURSUANT TO THE THIRD SECTION OF THE " ACT RE- 
SPECTING SCHOOL DISTRICT LIBRARIES," PASSED APRIL 15, 1839. 

I. The librarian has charge of the books and is re- 
sponsible for their preservation and delivery to his succes- 
sor. 

II. A copy of the catalogue required to be made out by 
Articles III. and IV. of Regulations No. I, is to be kept by 
the librarian, open to the inspection of the inhabitants of 
the district at all reasonable times. It will be found con- 
venient to affix a copy of it on the door of the book-case 
containing the library. 

III. Books are to be delivered as follows : 
1st. Only to inhabitants of the district. 

2d. One only can be delivered to an inhabitant at a time, 
and any one having a book out of the library must re- 
turn it before he can receive another. 

3d. No person upon whom a fine has been imposed by the 
trustees under these regulations, can receive a book 
while such fine remains unpaid. 

4th. A person under age cannot be permitted to take out 
a book unless he resides with some responsible inhabi- 
tant of the district ; nor can he then receive a book if 
notice has been given b}'- his parent or guardian or the 
person with whom he resides, that they will not be re- 
sponsible for books delivered such minor. 

$th. Each individual residing in the district, of sufficient 
age to read the books belonging to the library, is to be 
regarded as an inhabitant, and is entitled to all the be- 



264 COMMON SCHOOL SYSTEM. 

nefits and privileges conferred by the regulations rela- 
live to district libraries. Minors, will draw in their 
own names, but on the responsibility of their parents 
or guardians. 
6th. Where there is a sufficient number of volumes in the 
library to accommodate all residents of the district who 
wish to borrow, the librarian should permit each mem- 
toer of a family to take books as often as desired, so long 
as the regulations are punctually and fully observed. 
But where there are not books enough to supply all the 
borrowers, the librarian should endeavor to accommo- 
date as many as possible, by furnishing each family in 
proportion to the number of its readers of borrowers. 

IV. Every book must be returned to the library within 
twenty days after it shall have been taken out, but the 
same inhabitant may again take it, unless application has 
been made for it, while it was so out of the library, by 
any person entitled, who has not previously borrowed the 
same book, in which case such applicant shall have a 
preference in the use of it. And where there have been 
several such applicants, the preference shall be according 
to the priority in time of their applications, to be deter- 
mined by the librarian. Upon application to the Super- 
intendent, the time for keeping books out of the library 
will be extended to a period not exceeding twenty-eight 
days, where sufficient reasons for such extension are 
shown. 

V. If a book be not returned at the proper time, the 
librarian is to report the fact to the trustees ; and he must 
also exhibit to them every book which has been returned 
injured by soiling, defacing, tearing, or in any other way, 
before such book shall be again loaned out, together with 
the name of the inhabitant in whose possession it was 
when so injured. 

VI. The trustees of school districts being, by virtue of 
their office, trustees of the library, are hereby authorized 
to impose the following fines : 

1st. For each day's detention of a book beyond the time 
allowed by these regulations, six cents, but not to be 
imposed for more than ten days' detention. 

2d. For the destruction or loss of a book, a line equal to 
the full value of the book, or of the set, if it be one 



LIBRARIAN. 255 

of a series, with the addition to such value of ten cents 
for each volume. And on the payment of such fine, 
the party fined shall be entitled to the residue of the 
series. If he has also been fined for detaining such 
book, then the said ten cents shall not be added to the 
value. 

3d. For any injury which a book may sustain after it 
shall be taken out by a borrower, and bef )re its return, 
a fine may be imposed of six cents for every spot of 
grease or oil upon the cover, or upon any leaf of the 
volume ; for writing in or defacing any book, not less 
than ten cents, nor more than the value of the book ; 
for cutting or tearing the cover, or the binding, or any 
leaf, not less than ten cents, nor more than the value 
of the book. 

4th. If a leaf be torn out, or so defaced or mutilated that 
it cannot be read, or if any thing be written in the 
volume, or any other injury done to it, which renders it 
unfit for general circulation, the trustees will consider 
it a destruction of the book, and shall impose a fine 
accordingly, as above provided in case of loss of a 
book. 

5th. When a book shall have been detained seven days 
beyond the twenty days allowed by these regulations, 
the librarian shall give notice to the borrower to return 
the same within three days. If not returned at that 
time, the trustees may consider the book lost or de- 
stroyed, and may impose a fine for its destruction in 
addition to the fines for its detention. 

VII. But the imposition of a fine for the loss or destruc- 
tMn of a book, shall not prevent the trustees from reco- 
vering such book in an action of replevin, unless such fine 
shall have been paid. 

VIII. When, in the opinion of the librarian, any fine 
has been incurred by any person under these regulations, 
he may refuse to deliver any book to the party liable to 
such fine, until the decision of the trustees upon such lia- 
bility, be had. 

IX. Previous to the imposition of any fine, two days' 
written or verbal notice is to be given by any trustee, or 
the librarian, or any other person authorized by either of 
them, to the person charged, to show cause why he should 



256 COMMON SCHOOL SYSTEM. 

not be fined for the alleged offence or neglect ; and if 
within that time good cause be not shown, the trustees 
shall innpose the fine herein prescribed. No other excuse 
for an extraordinary injury to a book, that is for such an 
injury as would not be occasioned by its ordinary use, 
should be received, but the fact that the book was as 
much injured when it was taken out by the person 
charged, as it was when he returned it. As such loss 
must fall on some one, it is more just that it should be 
borne by the party whose duty it was to take care of the 
volume, than by the district. Negligence can only be 
prevented, and disputes can only be avoided by the adop- 
tion of this rule. Subject to these general principles the 
imposition of all, or any of these fines, is discretionary 
with the trustees, and they should ordinarily be imposed 
only for loilful or culpably negligerd injuries to books, or 
where the district actually sustains a loss, or serious 
injury. Keasonable excuses for the detention of the 
books beyond the twenty days, should in all cases be re- 
ceived. 

X. It is the special duty of the librarian to give notice 
to the borrower of a book that shall be returned injured, 
to show cause why he should not be fined. Such notice 
may be given to the agent of the borrower who returns 
the book ; and it should always be given at the time the 
book is returned. 

XI. The librarian is to inform the trustees of every no- 
tice given by him to show cause against the imposition 
of a fine ; and they shall assemble at the time and place 
appointed by him, or by any notice given by them, or any 
one of them ; and shall hear the charge and defence. They 
are to keep a book of minutes, in which every fine im- 
posed by them, and the cause, shall be entered and 
signed by them, or the major part of them. Such origi- 
nal minutes, or a copy certified by them, or the major 
part of them, or by the clerk of the district, shall be con- 
clusive evidence of the fact that a fine was imposed as 
stated in such minutes, according to these regulations. 

XII. It shall be the duty of trustees to prosecute 
promptly for the collection of all fines imposed by them. 
Fines collected for the detention of books, or for injuries 
to them, are to be applied to defray the expense of repair 



LIBRARIAN. 257 

Thg the books in the library. Fines collected for the loss 
or destruction of any book, or of a set or series of books, 
shall be applied to the purchase of the same or other 
suitable books. 

XIII. These regulations being declared by law " obli- 
gatory upon all persons and officers having charge of such 
libraries, or using or possessing any of the books thereof,'* 
it is expedient that they should be made known to every 
borrower of a book. And for that purpose a printed copy 
is to be affixed conspicuously on the case containing any 
library, or on one of such cases, if there be several : and 
the librarian is to call the attention to them of every per- 
son, on the first occasion of his taking out a book. 

The offices of trustee and librarian are incompatible ; 
and cannot be held by the same person. 



17 



CHAPTER VIIL 



TEACHERS. 



By § 11, of the act of 1841, (No. 122,) the trustees oi 
each district are to provide a book, in which the teachers 
are to enter the names of the scholars attending school, 
and the number of days they shall have respectively at- 
tended, and also the number of times the school has been 
inspected by the deputy superintendent and the town in- 
spectors. This list is to be verified by the oath of the 
teacher. 

The strict and faithful performance of this duty is highly 
important, not only to the district but to the teacher. It 
is the basis upon which the rate-bills are to be made out, 
and by which the sums to be paid by parents are to be as- 
certained. Error in these lists will therefore produce in- 
justice. It has been held by the department of common 
schools that the teacher is not entitled to call on the trus- 
tees for his wages, unless he furnishes them an accurate 
list of scholars, on which they can prepare the rate-bills, 
and issue their warrant. Hence the teacher has a direct 
personal interest in the preservation of an accurate list, 
which he can verify by his oath. 

For the purpose of executing this provision, the teacher 
v/ill write the following heading or caption, in his book, 
at the commencement of each quarter : 

A list of the scholars who attended the district school of distric* 
No. in the town of during the quarter or term com- 

mencing the day of , 184 , and the number of days they 

respectively attended the same. 



Time of entrance. 


Name of Scholar. 


No of days' attendance. 


Nov. 1, 1841, 

Dec. 1, " 

Dec. 4, •' 


John Thompson, 


Seventy-ei^ht, 78 days. 
Forty-three, 43 " 
Forty, 40 " 







260 



COMMON SCHOOL SYSTEM. 



At the time any pupil enters the school, the teacher 
should immediately insert the date and the name of the 
scholar. At the close of the quarter, the whole numher 
of days that each pupil attended is to be ascertained from 
the check roll, and entered in the third column, in words 
at length, and also in figures, as in the above form. 

Each teacher at the commencement of every quarter, 
should provide a day or check roll, in which the name of 
every scholar is to be entered. It should be ruled so as 
to give six columns, corresponding to the number of days 
in the week. The number attending should be ascer- 
tained each half day, and pencil marks made in the 
column for the day opposite to the name of each one pre- 
sent. At the end of the week, the number of days each 
pupil has attended during the week, should be summed 
up and entered on the weekly roll. Each half day's 
attendance should be noted ; and two half days should be 
reckoned as one day. The pencil marks on the day roll 
may be obliterated, so that the same roll may be used 
during the quarter. The weekly roll should be formed in 
the same manner, so as to contain the names of the pupils, 
and thirteen columns ruled, corresponding to the number 
of weeks in the quarter. In each of these columns is to 
be entered the result of the daily check roll for each week, 
in the following form : 

Weekly Roll. 
Attendance of pupils in district school of district No. 



Names of pupils. 


1st week. 


2d week. 


3d week. 


4th week. 


6th week. 


John Thomson, 


6 days. 


4 days. 


5 days. 


6 days. 


6i days 



At the end of the quarter the teacher will sum up the 
attendances of each pupil from this weekly roll, and enter 
the result in the book provided by the trustees as before 
mentioned, showing the whole number of days each scho- 
lar has attended during the quarter. 

At the end of the list the following oath or affirmation 
is to be written :( 

A. B. being duly sworn (or affirmed) deposes that the foregoin* 
is a true and accurate list of the names of the scholars who attend- 
ed the district school of district No. in the town of during 
the quarter commencing the day of 184 , and the num- 
ber of days they respectively attended. 



TEACHERS. 261 

This oath or affirmation is to be signed by the teacher, 
and certified by a justice of the peace, commissioner of 
deeds, judge of any court of record, or county clerk, to 
have been taken before him. 

The teachers are also required to make an abstract of 
the lists for the use of the trustees, at the end of each 
quarter; showing the results exhibited under the following 
heads, and in the following form : 

Abstract of the attendances of scholars at the district school of 
District No. in the town of during the quarter 

commencing the day of 184 

Of scholars who attended less than two months, there were 
'* ^' two months and less than four, 

" *' four months and less than six, 

" ** six months and less than eight, 

** " eight months and less than ten, 

" '' ten months and less than twelve, 

" " twelve months. 

This abstract is to be signed by the teacher and deli- 
vered to the trustees. 

In another part of the book provided by the trustees, 
and towards the end of it, the teacher will enter the days 
on which the school has been inspected, in the form of a 
memorandum, as follows : 

Account of Inspections of the School in District No. 

November 1, 1841. The school was inspected by the County 
Superintendent, and by William Jones, and jimos Johnson, two of 
the town inspectors. 

December 1, 1841. The school was inspected by the County 
Superintendent alone. 

This entry need not be verified, as heretofore required. 

Any inhabitant of a district may pay his proportion of 
the teacher's wages to such teacher, at any time before 
the rate-bill and warrant are actually made out and deli- 
vered to the collector ; and whenever any such payment 
is made, the teacher should give notice of the fact of 
such payment and its amount, to the trustees, to enable 
the latter to credit the person so paying on the rate-bill. 

Trustees cannot transfer to a teacher the power of en- 
forcing the collection of his wages. 



262 COMMON SCHOOL SYSTEM. 

Teachers cannot demand payment of their wages until 
the collector has had thirty days to collect them. — Com. 
School Dec. 101. 

A teacher may employ necessary means of correction 
to maintain order ; but he should not dismiss a scholar 
from school without consultation with the trustees. — Id. 
145. 

If a teacher's certificate is annulled, the trustees are at 
liberty to dismiss him and to rescind their contract with 
him. But if they continue him in school, after notice 
that his certificate has been annulled, it will be regarded 
as such a continuance of the contract, that they will not 
be allowed at a subsequent period to dispute it. — Id. 212. 

Contracts by trustees for teachers' wages are binding 
upon their successors in office. — Id. 191, 282. 

Teachers, though not, strictly speaking, inhabitants of 
the district where they are located, should be allowed to 
participate in all the privileges and benefits of the district 
libraries. — Fer Spencer, SupH^ 1841. 

The convenience and accommodation of many, if not 
of most of the inhabitants of the several districts, would 
be essentially promoted by placing the charge of the 
library, temporarily with the teacher, during the term of 
his or her employment, and depositing it in some conve- 
nient and safe place in the school-house. This arrange- 
ment can only be carried into effect by the concurrence 
of the trustees and librarian, and under their supervision. 
Generally, the teacher, not being an inhabitant of the dis- 
trict, cannot be chosen librarian. But where the trustees 
and librarian have sufficient confidence in the teacher and 
in the safety of the books, when left at the school-house, 
they will find this arrangement in many respects condu- 
cive to the convenience of the district. 

The authority of the teacher to punish his scholars, 
extends to acts done in the school-room, or play-ground, 
only ; and lie has no legal right to punish for improper 
or disorderly conduct elsewhere. — Per Spencer, SwpH. 

Teachers may open and close their schools with prayer, 
and the reading of the Scriptures, accompanied with suit- 
able remarks ; taking care to avoid all discussion of con- 
troverted points, or sectarian dogmas. 



aJ 



TEACHERS. 263 

Where a teacher is dismissed by the trustees for good 
cause, he can collect his wages only up to the period of 
his dismissal. 

The teacher of a school has necessarily the government 
of it ; and he may prescribe the rules and principles on 
which such government will be conducted. The trustees 
should not interfere with the discipline of the school ex- 
cept on complaint of misconduct on the part of the teach- 
er ; and they should then invariably sustain such teacher, 
unless his conduct has been grossly wrong. — Per Spen- 
cer, SupH. 

Where a teacher agrees to collect his own wages he 
will be concluded by such an agreement, and will not 
afterwards be permitted to call upon the trustees to en- 
force the collection of any part of such bill by rate-bill. — Id. 

Where a teacher contracts with the trustees of a district 
to teach their school for a given sum per scholar, he is 
entitled to charge the trustees that sum for each scholar 
attending the school during the quarter, without reference 
to the number of days' attendance ; provided such scholar 
has not been detained from school during the greater 
portion of the term, by illness or unavoidable casualty. 
The trustees, however, must graduate their rate-hill against 
the inhabitants sending to school, by the number of days' 
attendance, to be ascertained from the verified list of the 
teacher. — Per Young, SupH. 

Schools may be kept on Sunday for the benefit of those 
persons who observe Saturday as holy time ; and the 
teacher must be paid for that day by those who send to 
school. — Com, School Dec. 13S. 

The holidays on which a teacher may dismiss his 
school are such as it is customary to observe, either 
throughout the country or in particular localities ; among 
which may be enumerated i\\Q fourth of July , Thanksgiv- 
ing, Christmas, New Year's, &c. — Id. 139. 

The teacher may, also, unless restrained by special 
contract to the contrary, dismiss his school on the after- 
noon of each Saturday, or the whole of each alternate 
Saturday, according to the particluar custom of the dis- 
trict in that respect, or his own convenience and that of 
the inhabitants. — Id. 



264 COMMON SCHOOL SYSTEM. 

The practice of inflicting corporal 'punishment upon 
scholars, in any case whatever, has no sanction but usage. 
The teacher is responsible for maintaining good order, and 
he must be the judge of the degree and nature of the 
punishment required where his authority is set at defi- 
ance. At the same time he is liable to the party injured 
for any abuse of a prerogative which is wholly derived 
from custom. — Per John A. Dix, Svp^t, Common School 
Decisions, 102. 



CHAPTER IX. 



COUNTY SUPERINTENDENTS. 



By the 36th section of the act of 1841, in relation to 
common schools, (No. 171,) the board of supervisors of 
each county in the state is required to appoint a County- 
Superintendent of common schools ; and by ^ 4, of the 
act of 1843, " The board of supervisors of any county, in 
which there shall be more than one hundred and fifty 
school districts, may appoint two County Superintendents, 
or one, in their discretion ; and at all such appointments 
hereafter made, the board shall divide the county into two 
convenient districts, designating the person appointed for 
each district respectively, when there shall be two ap- 
pointed ; but no share of the public money shall hereafter 
be apportioned to any county in which a County Superin- 
tendent shall not have been appointed, unless by order of 
the Superintendent of common schools." 

Such County Superintendents hold their offices respec- 
tively for the term of two years, subject to removal by the 
board of supervisors, on complaint, and for causes to be 
stated, and by the Superintendent of Common Schools, 
whenever, in his judgment, sufficient cause for such re- 
moval exists ; and the vacancy thereby 'occasioned is to 
be supplied by appointment under his hand and official 
seal, until the next meeting of the board of supervisors 
of the county in which such vacancy exists. A copy of 
the order making such removal, specifying the causes 
thereof, is required to be forwarded to the clerk of the 
board of supervisors, to be by him laid before the board 
at their first meeting. » 

The powers and duties of the County Superintendent 

are: 

1. To visit and examine all the schools and school dis- 
tricts committed to his charge as often in each year as 



266 COMMON SCHOOL SYSTEM. 

may be practicable, having reference to the number of 
such districts ; to notify the Town Superintendent of com- 
mon schools of the town of the time appointed to visit 
the schools in such town, and to invite him to visit, with 
him, the said schools, and at any time to inquire into all 
matters relating to the government, course of instruction, 
books, studies, discipline and conduct of such schools, and 
the condition of the school-houses, and of the districts 
generally; and to advise and counsel with the trustees 
and other officers of school districts in relation to their 
duties, particularly in relation to the erection of school- 
houses, and to recommend to such trustees, and the teach- 
ers employed by them, the proper studies, discipline and 
conduct of the schools, the course of instruction to be 
pursued, and the books of elementary instruction to be 
used therein : 

2. To examine persons offering themselves as candi- 
dates for teachers of common schools, and to grant them 

"•^ certificates of qualification, in such form as shall be pre- 
scribed by the Superintendent ; which certificates shall 
be evidence of the qualification of such teachers, in every 
town and district of the county for which such County 
Superintendent shall be appointed : 

3. By and with the consent of the Town Superintend- 
ent of any town to annul any certificate granted to any 
teacher in said town, whenever such teacher shall be 
found deficient: 

4. And generally, by all the means in his power, to 
promote sound education, elevate the character and quali- 
fications of teachers, improve the means of instruction, 
and advance the interests of the schools committed to his 
charge. 

By § 7, of the act of 1S43, it is provided that " all ap- 
peals now authorized by law to be brought to the Superin- 
tendent of Common Schools, shall first be presented to the 
County Superintendent of the county, or section of county 
in which the subject matter of such appeal shall have 
originated, in the same manner as now provided in rela- 
tion to appeals to the Superintendent of Common Schools, 
who is hereby authorized and required to examine and 
decide the same ; and where the district in which the sub- 
ject matter of such appeal shall have arisen, shall be a 



COUNTY SUrERINTENDENTS. 267 

joint district, embracing portions of two counties or towns, 
such appeal shall be brought to the County Superintend- 
ent of the county or section in which the school-house of 
such district shall be located. The decision of such 
County Superintendent shall be final and conclusive, un- 
less appealed from to the Superintendent of Common 
Schools within fifteen days after the service of a copy of 
such decision upon the parties respectively. And an ap- 
peal from the decision of the County Superintendent to 
the Superintendent of Common Schools may be made in 
fifteen days, as now provided by law in relation to appeals 
from districts, in such manner and under such regulations 
as shall be prescribed by the Superintendent of Common 
Schools." 

By ^ S, "certificates of qualification hereafter granted 
to applicants by County Superintendents, shall either be 
general, in the form heretofore prescribed under the au- 
thority of law, in which case they shall be valid through- 
out the district of the County Superintendent granting 
the certificate, until annulled ; or special, in which case 
the town in which such applicant shall be authorized to 
teach shall be specified ; and such certificate shall be in 
force for a term not exceeding one year." 

By § 9, "the consent of the Town Superintendent shall 
not be requisite to the annulling of any certificate of 
qualification granted by any County Superintendent." 

By § 37 of the act of 1841, (No. l72,) "any Superin- 
tendent may at any time resign his office to the clerk of 
the county for which he was appointed ; and in case of a 
vacany in the office from any cause, such clerk may fill 
the vacancy, until the next meeting of the board of su- 
pervisors." 

By § 38, (No. 173,) " the County Superintendents shall 
be subject to such general rules and regulations as the 
Superintendent may from time to time prescribe, and ap- 
peals from their acts and decisions may be made to him 
in the same manner and with the like effect as in cases 
now provided by law, and they shall make reports annu- 
ally to the Superintendent at such times as shall be ap- 
pointed by him, which shall be the same as are now 
required to be made by county clerks, with such addi- 
tional information as he shall require ; and for that pur- 



268 COMMON SCHOOL SYSTEM. 

pose, they shall have access to the reports of the Town 
Superintendents filed with the county clerk, without 
charge ; and the county clerks shall not be required to 
make returns in those counties where such Superintend- 
ents may be appointed. 

By ^ 39, (No, 174,) " the County Superintendents shall 
each be allowed two dollars for each day necessarily 
spent in the discharge of their duties ; but the whole 
amount of compensation in any one year, shall not exceed 
five hundred dollars for any County Superintendent, and 
the amount shall be audited and certified by the board of 
supervisors of the county. One equal moiety of said 
amount shall be a county charge upon the counties 
respectively for which they shall be appointed, and shall 
be raised and paid in the same manner as other county 
charges. The remaining moiety shall be paid by the 
treasurer on the warrant of the comptroller, out of the 
annual surplus now appropriated to the capital of the 
common school fund, arising from the income of the mo- 
neys deposited by the United States." 

By § 6 of the act of 1843, the moiety of the compensa- 
tion of the County Superintendent of any county payable 
by the state, shall not hereafter be paid, except upon the 
production to the comptroller of the certificate of the Su- 
perintendent of Common Schools, that the County Superin- 
tendent has conformed to the instructions of the depait- 
ment and also made the annual report required by law." 

By § 11, " The board of supervisors of the several coun- 
ties, may audit and allow the accounts of the County Su- 
perintendents of their respective counties, rendered under 
oath, for postage on their necessary official communica- 
tions with the inhabitants and officers of the several dis- 
tricts within their jurisdiction." 

The object of the legislature in requiring the appoint- 
ment of County Superintendents for the several counties of 
the state, may be expressed in the terms of the recom- 
mendation of that measure — that they should personally 
visit the schools, give counsel and instruction as to their 
management, discover errors and suggest the proper re- 
medy, animate the exertions of teachers, trustees and pa- 
rents, and impart vigor to the whole system. All writers 
on public education concur in the decided opinion that ef- 



COUNTY SUPERINTENDENTS. 269 

fectual inspection and supervision are more essential to 
the proper management of schools, and more indispensa- 
ble to their improvement than any, or all other agencies 
combined. This high duty will now devolve chiefly on 
the County Superintendents. If they realize its vast im- 
portance, and bring to its discharge a firm resolution to 
regard only the great interests confided to their hands, 
ihey will become the honored means of extending and 
sustaining a cause, on which depends the happiness and 
prosperity of the people, and the perpetuity of our insti- 
tutions. 

Their duties are so connected with the interests of oth- 
ers, and are so liable at times to conflict with the opinions 
and prejudices of those with whom they will associate, 
that the greatest prudence will be required to prevent un- 
favorable impressions at the commencement of a system 
so nev/ and by many but imperfectly understood. The de- 
puties should bear in mind, that their business is chiefly 
advisory. With this fact impressed on their minds, they 
will, of course avoid every appearance of dictation or ar- 
rogance. As their usefulness will depend mainly on the 
influence they shall be able to exercise upon the officers 
and teachers of schools, and upon parents and the inhabi- 
tants of districts generally, they will endeavor to deserve 
that influence by their deportment, and studiously to avoid 
every thing which may impair it. Hence it will be indis- 
pensable that they should abstain wholly and absolutely 
from all interference in any local divisions, or in any ques- 
tions by which the community in any town or district may 
be agitated ; and although they cannot be expected to 
abandon their political sentiments, yet it is obvious that 
any participation in measures to promote the success of 
any political party, will not only diminish their influence 
and impair their usefulness, by exciting suspicion of the 
objects of their movements and measures, but will ex- 
pose the office they hold to a vindictive hostility that will 
not cease until it is abolished. The intelligence of our 
people will not tolerate the idea of the agents of public 
instruction becoming the emissaries of partisan manage- 
ment. 

The subordination of pupils, the good order of the 
schools, and the success of the whole system, depend upon 



270 COMMON SCHOOL SYSTEM. 

the harmonious co-operation of all the officers charged 
with the performance of duties under it, and upon the 
maintenance of their authority in the respective spheres 
of their duty. The teacher must be respected by his scho- 
lars ; and to insure this, they must be impressed with a 
conviction of his authority to govern them. The trustees 
of districts, and Town Superintendents, are to be sustain- 
ed and their authority respected in their appropriate de- 
partments, so as to insure the greatest degree of efficiency. 
Organization, and a central communication, will accom- 
plish much in giving uniformity and regularity to the sys- 
tem ; but after all, more is to be done by local effi)rts, and 
public sentiment, especially in providing competent teach- 
ers and in filling the schools. It should, then, be the 
great object of the County Superintendents to encourage 
and sustain these local efforts — to guide and enlighten 
the public opinion — and to interest parents in those in- 
stitutions which are so seriously to affect the moral and 
intellectual character of their offspring. 

To attain these purposes, it will be advisable for the 
County Superintendents to avail themselves of every pro- 
per opportunity to deliver familiar addresses in public, 
upon the importance of our primary schools, the neces- 
sity of attention to them, and the means of promoting 
their success. In their present condition, the points that 
seem to require the most attention are. First, The em- 
ployment of good teachers ; Second, The attendance of 
all the children in the schools during the whole time they 
are open ; and. Thirds The elevation of the standard of 
education. 

They should impress upon parents, that cheap teachers 
cannot be good teachers, until all the principles of human 
action are reversed, and until men cease to pursue those 
employments which render the best returns for their talents 
and industry. From the employment of good teachers, 
other results will necessarily follow ; particularly a more 
extended range and a higher degree of instruction. These 
will, inevitably, fill the schools, by drawing pupils from 
those private and select establishments which are founded 
chiefly to supply the deficiencies of the common schools, 
and which ordinarily operate so much to their injury. 

The power of removal from office vested in the Super- 



COUNTY SUPERINTENDENTS. 2?! 

inwsrndent, will, it can scarcely be necessary to say, never 
be exercised unless upon the most pressing exigency, 
and in cases of flagrant neglect, violation or perversion of 
duty, where the action of the appointing power cannot be 
had in season to avert the evil. While the Superintend- 
ent will, in no case, undertake to review, or in any man- 
ner to control, by the exercise of this power, the designa- 
tion by the respective boards of the individual deemed 
most suitable to discharge the duties of the office of 
County Superintendent, he will take care that the confi- 
dence reposed in such individual is neither abused nor 
betrayed : and especially that the great interests of edu- 
cation, and the salutary provisions of the legislature for 
their advancement are not rendered obnoxious to the peo- 
ple in consequence of the incompetency or unfaithfulness 
of the agent selected to vindicate the one and enforce the 
other. 

The duties of the County Superintendents may be 
arranged under the following general heads : 

I. Visiting the districts, and inspecting the schools : 

IT. Advising and counselling with trustees and other 
oi^rcers, and with teachers : 

L'l. Reports to the Superintendent : 

I\\ Licensing teachers, and annulling their certificates : 

V. The hearing and decision of appeals: 

VI. Miscellaneous duties. 

I. VISITING THE DISTRICTS AND INSPECTING THE SCHOOLS. 

1. The statute makes it the duty of every County Su- 
perintendent " to visit and examine all the schools, and 
school districts committed to his charge, as often in each 
year as may be practicable, having reference to the num- 
ber of such districts." This language is understood to 
mean that the districts and schools are to be visited as 
often as their number will permit, and that the time of the 
County Superintendent is to be devoted to that employ- 
ment. 

The appointment of two County Superintendents 
wherever the number of districts in any county shall ex- 
ceed one hundred and fifty, is strongly recommended. No 
one person can do full justice in the supervision of a 



2^*2 COMMON SCHOOL SYSTEM. 

greater number of schools during the limited periods for 
which they are annually kept open ; and unless the super- 
vision is thorough in all respects — unless the County Su- 
perintendent has made himself familiarly and intimately 
acquainted with the resources, administration and capabi- 
lities of every one of the schools which he visits — unless 
he has been enabled to detect and remove by judicious 
counsel and friendly advice, every material obstacle to the 
prosperity and success of the school — to develop all its 
advantages and to give to it the means for attaining to an 
equality with those of the highest grade, the great object 
for which his office was created, has not been accomplish- 
ed. It is on every account desirable that the County Su- 
perintendent, should, once at least, in every year, and 
oftener if practicable, visit every district within his juris- 
diction, thoroughly inspect its school, satisfactorily ascer- 
tain the qualifications of the teacher and the facilities for 
instruction at his command, the condition of the school- 
house and its appurtenances, the condition and prospects 
of the library, the degree of interest manifested towards 
the school on the part of the inhabitants, and all those 
other particulars which go to form the character of the 
school and to determine the amount of mental and moral 
influence which it is to exercise on its inmates. But if, 
from the number of districts which it is made his duty to 
visit, he cannot accomplish this amount of labor, and at 
the same time faithfully discharge the additional obliga- 
tions devolved upon him by the existing law, it is far bet- 
ter that he should restrict his visitations to a number to 
which he can do full justice, than that he should nomi- 
nally conform to the strict requirement of his instructions, 
by making a flying visit to all the districts, without leav- 
ing any abiding, permanent impression of utility upon 
any. Let what is accomplished, be accomplished tho- 
roughly ; what is done, be well done ; and the temporary 
inconvenience which any one or more districts may sus- 
tain from a failure on the part of the County Superitend- 
ent to reach them in any given period, will be more than 
counterbalanced by the amount of good effected when he 
does appear among them. All embarrassments arising 
from this source, may however, in most cases, easily be 



COUNTY SUPERINTENDENTS. 273 

averted by the appointment of two Superintendents under 
the section referred to. 

2. The act requires the County Superintendents to notify 
the Town Superintendents of the time appointed to visit 
the schools, and to invite their attendance. The Super- 
intendents will also give notice to the trustees of the dis- 
tricts, of the time when their schools will be visited. To 
enable them to comply with these provisions they should 
make a previous arrangement of their visits, in reference 
to the means of travelling, so as to reach as many dis- 
tricts as possible in the shortest time ; and for this pur- 
pose they will find it necessary to divide their counties 
into sections. Having fixed the time for visiting the 
schools in one or more sections, they should at once give 
ample notice, by transmitting a copy of their arrange- 
ment to the Town Superintendents of the town embraced 
within it, and request them to communicate to the trus- 
tees of districts information of the time appointed for in- 
specting their schools, or in some other way give publi- 
city to their plans. It is presumed that publishers of 
newspapers would cheerfully insert such notices gratui- 
tously. They have ever been found ready to render their 
assistance to disseminate information calculated to pro- 
mote the interests of the common schools. 

By a regulation of the department, the respective town 
clerks are required to furnish the Superintendents with 
the names of the Town Superintendents of their towns. 

The inhabitants of the district, and particularly parents, 
who have children attending the school, should be invited 
to be present at the inspection by the Superintendent : 
and trustees of districts are hereby required, whenever 
they receive information of an intended visit, to commu- 
nicate it as generally as possible, to the inhabitants. 
Their attendance will afford an opportunity for the public 
addresses of the Superintendents, before suggested. 

3. Examination of the Schools. — Preparatory to this, 
the Superintendent should ascertain from the teacher the 
number of classes, the studies pursued by each, the 
routine of the school, the successive exercises of each 
class during each hour of the day, the play spells allowed, 
&c. and thus obtain a general knowledge of the school, 
which will be found greatly to facilitate his subsequent 

18 



274 COMMON SCHOOL SYSTEM* 

duties. Every Superintendent is enjoined to call for and 
examine the list of scholars in the book which the statute 
requires the teacher to keep, in order that he may see 
whether the names are correctly and neatly entered. He 
will also examine the day roll and the tveekly roll, which 
by the preceding regulations, teachers are directed to 
preserve, and will ascertain by the proper inquiries, 
whether they are exact in entering all who are present. 

The Superintendent will then hear each class recite the 
ordinary lesson of the day. It will then be examined on 
the subjects of study. Generally it will be better to 
allow the teacher to conduct the exercises and examina- 
tions, as the pupils will be the less likely to be intimidated, 
and an opportunity will be given of judging of the qualifi- 
cations of the instructors. 

To enable him to compare the school with itself at ano- 
ther time, and with other schools, and to comply with the 
regulations hereinafter contained respecting the annual 
reports, the Superintendent should keep notes of his ob- 
servations, and of the information he obtains on all the 
subjects on which he is required to report ; and he should 
particularly note any peculiarities which seem to require 
notice in the mode of instruction, in the government and 
discipline of the school, and the appearance ojf the pupils 
in respect to their cleanliness of person and neatness of 
apparel. 

4. The Superintendent will also examine the condition 
of the school-house and its appurtenances ; whether the 
room has the means of ventilation, by lowering an upper 
sash, or otherwise; whether it is sufficiently tight to pro- 
tect the children from currents of air, and to keep them 
warm, in winter; whether there is a supply of good water; 
the condition of privies, and whether they are provided 
for both sexes ; and the accommodations for physical ex- 
ercise. Their attention will be given to the arrangements 
of the school-room ; whether the seats and desks are 
placed most conveniently for the pupils and teachers, and 
particularly whether backs are provided for the seats — a 
circumstance very important to the comfort and health of 
the children. They should also inquire whether black- 
boards and alphabetical cards, or any apparatus to assist 
learners, are furnished. 



COUNTY SUPERINTENDENTS. 275 

The precedinor topics of inquiry are suggested, rathet 
as hints of the most important, than intended to embrace 
the whole field. The judgment and observation of the 
Superintendents will discover many other subjects deserv- 
ing their attention. 

5. The Superintendents will also inquire into the con- 
dition of the district, in relation to its ability to maintain 
a school ; whether its interest and the convenience of its 
inhabitants can be promoted by any alterations, without 
injury to others; and they will suggest whatever occurs 
to them, to the trustees. 

In case of any gross deficiency or inconvenience, which 
the proper officers refuse or decline to remedy, the Super- 
intendents will note it in their annual reports to the de* 
partment. 

6. They will also examine the district library, and ob" 
tain the information respecting it, hereinafter required to 
be stated in their reports. 

IL ADVISING AND CONSULTING WITH THE TRUSTEES AND OTHER 
OFFICERS OF SCHOOL DISTRICTS. 

This is made a special duty of the Superintendents by 
the act ; they are to advise the trustees and other officers 
in relation to all their duties ; and to recommend to them 
and the teachers the proper studies, discipline and con^ 
duct of the school, the course of instruction to be pursued, 
and the elementary books to be used. The notes which 
the Superintendents make during their inspection of the 
school, will much facilitate the discharge of this portion 
of their duty. 

1. In regard to proper studies : if they find any impor- 
tant one omitted, or that pupils are hastened on without 
thoroughly understanding the preliminary or previous 
branches, they should point out the error and its conse- 
quences. For instance, they should urge the absolute 
necessity of children being thoroughly and frequently 
exercised in spelling, so that they make no mistakes in 
any words in common use. Without this it is impossible 
for them to be good readers. And in the exercise of 
reading they should insist on clear and distinct articula- 
tion, more than any other quality ; and generally the 
ability of the Superintendent is relied upon to detect bad 



276 COMMON SCHOOL SYSTEM. 

habits in the manner of reciting, erroneous ideas of the 
subject, and superficial acquirements. 

2. The discipline and conduct of the school. It can 
Bcarcely be necessary to remark on the importance of 
order and system in the schools, not only to enable the 
pupils to learn any thing, but to give them those habits 
of regularity so essential in the formation of character. 
Punctuality of attendance, as well as its steady continu- 
ance, should be enforced. Parents should be told how 
much their children lose, to what inconvenience they ex- 
pose the teacher, and what disorder they bring upon the 
whole school, by not insisting upon the scholars being 
punctually at the school-room at the appointed hour ; and 
above all, they should be warned of the injurious conse- 
quences of allowing their children to be absent from 
school during the term. By being indulged in absences 
they lose the connection of their studies, probably fall 
behind their class, become discouraged, and then seek 
every pretext to play the truant. The habit of irregu- 
larity and insubordination thus acquired will be apt to 
mark their character through life. Trustees should be 
informed that the omission of parents to require the regu- 
lar and punctual attendance of their children will justify 
their exclusion, on account of the effect of such irregula- 
rity upon the other pupils. 

The Superintendents should also observe whether the 
teachers are careful to preserve the respect of their pupils, 
not only by maintaining their authority, but by a becoming 
deportment, both in the school-room and out of it. 

3. With regard to the course of instruction, the advice 
of the Superintendents will often be of great value. The 
usual order has been found by long experience to be the 
best, viz : the alphabet, spelling, reading with definitions, 
arithmetic, geography, history and grammar. No child 
should be put to any study beyond his capacity, or for 
which he is not already prepared. English grammar 
particularly, demands so much exercise of the intellect, 
that it ought to be delayed until the pupil has acquired 
considerable strength of mind. 

4.. The books of elementary instruction. — It is believed 
that there are none now in use in our schools that are 
very defective ; and the difference between them is so 



COUNTY SUPERINTENDENTS. 277 

slight, that the gain to the scholar will not compensate foi 
the heavy expense to the parent, caused by the substitu 
tion of new books with every new teacher ; and the ca- 
priciousness of change which some are apt to indulge on 
this subject, cannot be too strongly or decidedly resisted. 
Trustees of districts should look to this matter when they 
engage teachers. 

One consequence of this practice is, the great variety 
of text books on the same subject, acknowledged by all 
to be one of the greatest evils which afflicts our schools. 
It compels the teacher to divide the pupils into as many 
classes as there are kinds of books, so that the time 
which might have been devoted to a careful and delibe- 
rate hearing .of a class of ten or twelve, where all could 
have improved by the corrections and observations of the 
instructer, is almost wasted in the hurried recitations of 
ten or a dozen pupils in separate classes ; while in large 
schools, some must be wholly neglected. Wherever the 
Superintendents find this difficulty existing, they should 
not fail to point out its injurious consequences, and to 
urge a remedy by the adoption of uniform text books as 
speedily as possible. To accomplish this, an earnest and 
systematic effort should be made, under the auspices of 
the Town and County Superintendents, to relieve our in- 
stitutions of elementary instruction from the serious em- 
barrassments resulting from the diversity and constant 
change of text books. The several County Superintend- 
ents are therefore enjoined by the department, to avail 
themselves of the earliest practicable opportunity to cause 
an uniform series of text books, embracing all the ele- 
mentary works ordinarily used in the common schools to 
be adopted in each of the districts subject to their super- 
vision, under the direction and with the consent of the 
trustees ; and when so adopted, not to be changed for 
th^ term of three years. "Whenever such uniformity can 
bo extended throughout all the districts of the town, and 
throughout all the towns of the county, it is very desira- 
ble that such extension should be made ; but from the 
great diversity of views in relation to the relative merit 
of different works, the progress of this extension must 
necessarily be slow. The foundations may, however, be 
laid by the attainment of uniformity in the respective dis- 



^78 COMMON SCHOOL SYSTEBI. 

tricts, for an ultimate harmon}^ of views and concert of 
action on a wider theatre. 

5. The erection of School- Houses. — The statute has en 
joined upon the Superintendents particular attention to 
this subject. Whenever they learn that the building of 
a school-house is contemplated, they should advise with 
the trustees respecting its plan. He must be a superficial 
observer, who has not perceived how much the health of 
pupils, the order and discipline of a school, and the con- 
venience of the teacher, depend upon the arrangements 
of the school-room. This is not the place to state the 
best models. Information upon that point, collected with 
great care from Europe and America, has already been 
given, and will continue to be furnished in the District 
School Journal. Whenever repairs are about to be made 
to school-houses, the Superintendents should avail them- 
selves of the occasion to recommend such improvements 
as may be desirable. 

6. In their consultations with trustees and teachers, the 
Superintendents should be especially careful to communi- 
cate their suggestions in a kind and friendly spirit, as the 
most likely means of success, and as the only certain 
mode of preserving those harmonious relations, which are 
essential to their own happiness as well as usefulness ; 
and whenever they observe any thing in the mode of in- 
struction, in the government or discipline of the school, or 
in any other point, which, in their judgment, requires 
correction, they, will make it a point to intimate their 
views to the teacher i?i private, and never, on any occa- 
sion, suffer themselves to find fault with him in the pre- 
sence of his pupils. Children cannot discriminate, and 
they will feel themselves at liberty to blame, when the 
example has been set by others. The authority of the 
teacher should be preserved entire while he remains. If 
his conduct is worthy of public censure he should be at 
once dismissed rather than be retained to become an ob- 
ject of the contempt of his scholars. 

III. REPORTS TO THE SUPERINTENDENT. 

1. The time when they are to be 7Jiade. — By § 38, of the 
act of 1841, (No. 173,) the County Superintendents are 
required annually to make reports to the Superintendent 



COUNTY SUPERINTENDENTS. 279 

at such times as shall be appointed by him. The Town 
Superintendents of common schools are required to file 
their reports with the county clerk, on or before the first 
day of August in each year. The law made it the duty 
of the county clerks to transmit certified copies of all such 
reports to the Superintendent by the first day of October 
in every year. This duty is now to be performed by the 
County Superintendents, who, for that purpose, are to 
have access to the reports filed in the clerk's offices, with- 
out charge. Although the time thus fixed for transmitting 
the reports to the Superintendent is longer than is neces- 
sary, in many counties, yet for the purpose of giving 
ample opportunity to render the returns full and accu- 
rate, the same time is appointed for the County Super- 
intendents to make their reports ; but it is required that 
they shall be made and deposited in the post-office in 
season to reach the office of the Secretary of State by 
the first day of October in each year. This is essential 
to enable the Superintendent to prepare his annual report 
to the legislature, for presentation at the proper period. 

2. Their contents. — The reports are required by the 
statute to be the same as those now made by county 
clerks, with such additional information as the Superin- 
tendent shall require. They vi^ill contain : 

1. A statement of the whole number of towns and 
cities in the county, distinguishing those from which the 
necessary reports have been made, and those from which 
none have been received : 

2. A true and accurate abstract of all the reports filed 
with the county clerk during the year, or since the pre- 
ceding annual report, by the Town Superintendents of 
common schools of the several towns, certified by the 
County Superintendents respectively, and arranged ac- 
cording to the towns, in which the results are carried out 
in proper columns, in the manner in which they are pre- 
sented in table A. in the appendix to the annual report 
of the Superintendent to the legislature. This is required 
in order that the County Superintendents may see whether 
the footings in the reports of the Town Superintendents 
are correct ; and if any errors are discovered, to have them 
corrected. The several columns are to be footed, so as to 
exhibit an abstract of the reports for the whole county. 



280 COMMON SCHOOL SYSTEM. 

In this abstract the County Superintendents are required 
to state particularly the whole number of organized dis- 
tricts in the county, and where any of them consist of 
parts taken from adjoining counties, they will specify 
those in which the school-house stands in their county, so 
that the exact number of districts in the county shall be 
ascertained and reported. 

3. They will also report the number of district schools 
visited by them during the year, and the number of times 
each school has been so visited, specifying the number 
when they were accompanied by the town inspectors or 
any of them. They will state the condition of the schools 
under the following heads : 

(1.) Teachers. The number of males and their ages, 
viz : the number under IS years of age ; those over 18 
and under 21 ; over 21 and under 25 ; over 25 and under 
30 ; over 30 and under 40 ; over 40 and under 50 ; and 
over 50. The number of females and their ages in the 
same manner. The length of time those of different 
sexes have taught school, viz: the number of males who 
have taught less than one year ; the number who have 
taught one year and less than two ; two years and less 
than four ; four years and less than six ; more than six 
years ; and the same in respect to females. They will 
also state the monthly compensation of the teachers, spe- 
cifying how many receive the different sums that may be 
found to be paid; thus, the number receiving $8.00 per 
month ; the number receiving $10.00, &c. and arranging 
them according to the sex of the teachers. They will as- 
certain from the teachers respectively the different por- 
tions of time they have kept any one school, and will 
communicate the result in a table, showing how many 
teachers have kept the same school one year, two years, 
three years, four years, five years, more than five and less 
than ten, and more than ten years. 

(2.) The course and extent of study pursued. Under 
this head the report will state the following particulars: 

Number of pupils in attendance at each time of visita- 
tion. 

Number of classes in the school. 

Number of pupils learning the alphabet 



COUNTY SUPERINTENDENTS. 281 

Number of pupils learning to spell, without being able 
to read. 

Number of pupils learning to read. 

Number of pupils learning to define words 

Number of pupils studying arithmetic. 

Number of pupils studying geography. 

Number of pupils studying History of the United 
States. 

Number of pupils studying other history. 

Number of pupils studying grammar. 

Number of pupils studying use of globes. 

Number of pupils engaged in other studies, specifying 
them and the number pursuing each study. 

(3.) They are to report the result of their observa- 
tions ; 

1st. In relation to the qualifications of the teachers 
generally. 

2d. In relation to the mode of teaching adopted in the 
schools. 

3d. In relation to their government and discipline. 

And they will notice gross irregularities or imperfec- 
tions. 

4. Condition of the School-Houses. They will state 
the number built of stone, those of brick, of wood framed, 
and of logs ; also the number having but one room ; those 
having two rooms in which schools are kept, and those 
having three or more rooms ; the number in good repair, 
and the number in a bad or decaying condition. They 
will also state the number which have no privies, those 
which have one, and those which have two or more. 

5. Condition of the district. — Any information which may 
be obtained under the enquiries already suggested, and 
which may be deemed useful, or in respect to which any 
beneficial action of the department can be had, will be 
stated in the report. 

6. The state of the district libraries. — They are 
required to examine the library of each district, and 
ascertain the whole number of books purchased, and on 
hand, and their condition ; and the average number in 
circulation, i. e. the proportion usually kept out. They 
will state in their reports, the whole number of books in 



2S2 CaMMON SCHOOL SYSTEM. 

all the district libraries in the county, and the average of 
circulation, obtained from the averages of each district. 
They will state generally, the condition of the books, as 
far as seen by them, and the degree of care and attention 
apparently bestowed in their preservation by the trustees 
and librarian. If they discover any improper books in 
the libraries they should suggest to the trustees their re- 
moval; and if they find them continued, notwithstanding, 
they will report the facts to the department. 

7. They will also report the whole number of persons 
to whom they have given certificates of qualification as 
teachers, during the year, specifying their sexes and ages, 
viz: those under 18 — those over 18 and under 21 — over 
21 and under 25 — over 25 and under 30 — over 30 and 
under 40 — over 40 and under 50 — and those over 50. 

8. It will be perceived that trustees of school districts 
are required to state in their reports the number of select 
schools, other than those that are incorporated, within 
their respective districts, and the average number of pupils 
attending them. There are such schools in cities and 
villages, as in Utica, Schenectady, Poughkeepsie and 
other places, which are not within any school district. 
As the information desired has a very important bearing 
upon the common school system, the County Superintend- 
ents are required to ascertain the number of such schools 
and the pupils taught in them during the year, which are 
kfept in such cities and villages and are not included in 
any school district, and state them in their annual reports. 
They will be careful not to embrace any that are con- 
tained in the reports of the trustees ; and to insure accu- 
racy, they will specify the city or village in which the 
select schools are established. Those that are incorpora- 
ted will be included in the reports to the Regents of the 
University. 

IV. THE LICENSING OF TEACHERS AND ANNULLING THEIR CERTIFI- 
CATES. 

1. Examining and licensing teachers. — This authority, 
it will be perceived, is given by sub. 2 of ^ 36, of the act 
of 1841, (No. 171,) and by ^ 8 of the act of 1843. It 
being very desirable that all the teachers should be 
licensed by the County Superintendents, so as to secure 



COUNTY SUPERINTENDENTS. 283 

*l J competent talent and knowledge, and to produce uni- 
tbimity in a county ; and to afford e^ery reasonable ac- 
commodation to those desiring to offer themselves, they 
should make their arrangements to examine applicants for 
licenses in the different towns of their county, during their 
visitations in such towns. For this purpose, they should 
appoint a particular day and place in each town, and 
when the town is very large, in different sections of it, 
when they will be in readiness to examine teachers. 
Public notice of such appointment should be given. It is 
probable that this will bring together several applicants, 
and thus diminish the labors of the Superintendent : par- 
ticularly as a county license by him will obviate the 
necessity of yearly examinations, as well as prevent the 
necessity of a re-examination during the year. In making 
such examinations they should confine themselves to the 
subjects specified in the statute in relation to inspectors, 
§ 46, (No. 57 ;) and should ascertain the qualifications of 
the candidates in respect, y??-^?, to moral character; second, 
learning ; and third, ability. 

First. — They should require testimonials of moral 
character, from those acquainted with the applicant, which 
should be either verbal or written, and the latter is to be 
preferred. This is not a matter to be neglected or slighted. 
Those to whom the training of our youth is to be commit- 
ted, should possess such a character as will inspire confi- 
dence in the rectitude of their principles and the propriety 
of their conduct : and it is to be understood as a positive 
regulation of the department, that no license is to be 
granted, without entire satisfaction on this point. This 
must be understood to relate to moral character — to the 
reputation of the applicants as good citizens, free from 
the reproach of crime or immoral conduct. It does not 
extend to their belief, religious or political; but it may 
apply to their manner of expressing such belief or main- 
taining it. If that manner is, in itself, boisterous and 
disorderly, intemperate and offensive, it may well be sup- 
posed to indicate ungoverned passions, or want of sound 
principles of conduct, which would render its possessor 
obnoxious to the inhabitants of the district, and unfit for 
the sacred duties of a teacher of youth, who should instruct 
as well by example as by precept. 



284 COMMON SCHOOL SYSTEM. 

Second. — As to the learning of the applicants. It should 
appear from their examination that they are good spellers, 
distinct and accurate readers, write good and plain hands, 
can make pens, and are well versed, 

1st. In the definition of words . 

2d. In arithmetic, at least as far as the double rule of 
three : 

3d. In geography, as far as contained in any of the works 
in ordinary use : 

4th. In the history of the United States, of England, 
and of Europe generally : 

5th. In the principles of English grammar : and, 

6th. In the use of globes. 

Third, — The ability of the applicants to teach. Mere 
learning, without the capacity to impart it, would be of no 
use. The County Superintendents should satisfy them- 
selves, by general inquiries, and particularly by a thorough 
examination of the applicants respectively, of their quali- 
fications in this respect, of their tact in dealing with chil- 
dren, and especially of their possessing the unwearied 
patience, and invariable good nature, so necessary to con- 
stitute useful teachers of youth. 

Having satisfied themselves on these several points, the 
County Superintendents will grant certificates of qualifica- 
tion, in the following form : 

Form of certificate of qualification to he granted by County 5m- 

intendents. 

To ALL TO WHOM THESE PRESENTS SHALL COME : Be IT KNOWN, 

That I, County Superintendent of common schools for the 

county of having examined A. B. and having ascertained 

his qualifications in respect to moral character, learning and ability 
to instruct a common school, Do hereby certify, that he is duly 
qualified for that service, and accordingly he is hereby licensed to 
teach common schools, in any town and district of the said county, 
until this certificate shall be annulled according to law. [Or, in the 
town of for one year from the date of this certificate.} 

Given under my hand, this day of in the year one 

thousand eight hundred and forty 

County Superintendent. 



COUNTY SUPERINTENDENTS. 285 

2. Annulling certificates of teachers. 

1. This can be done in the case of teachers holding a 
license from the Town Superintendent, only by the County 
Superintendent, with the consent of the Town Superin- 
tendent. But a license granted by him, can be annulled 
only by him. 

By ^ 9, of the act of 1843, the consent of the Town 
Superintendent shall not be requisite to the annulling of 
any certificate of qualification granted by any County 
Superintendent. 

2. Previous notice should be given to the teacher of the 
allegations against him, when it is proposed to annul his 
certificate, particularly when the alleged ground is defi- 
ciency of moral character ; and he should have full oppor- 
tunity afforded him for defence. The County. Superin- 
tendent may, at any time, examine any person holding a 
certificate, to ascertain his qualifications with respect to 
learning and ability : and a refusal to submit to such ex- 
amination would be, in itself, sufficient evidence of incom- 
petency to justify the annulling of his certificate. 

3. The form of the instrument annulling the certificate 
may be as follows : 

Form of instrument annulling a certificate. 

To all to whom these presents may come, Whereas, on or about 
the day of 184 , a certificate of qualification to 

teach common schools was granted to A. B. by the [Town Superin- 
tendent of the town of in the county of .] And 
whereas, on due examination and enquiry by the County Superin- 
tendent of the said county of and the Town Superintend- 
ent of the town of the said A. B. has been found deficient 
and unqualified to teach common schools ; Know ye therefore, that 
we, the said County and Town Superintendents do hereby annul and 
declare void the said cerificate of qualification so given to the said 
A. B. 

In witness whereof, we have hereunto set our hands, this 
day of 184 . 

County Supt. 

Town SupH. 

4. A duplicate of this instrument should be served on 
the person whose certificate is annulled, although it will 
be valid without such service. It is not necessary to give 
notice of it to the trustees of the district where he may be 



236 , COMMON SCHOOL SYSTEM. 

employed, to render it effectual ; but such notice should 
promptly be given, to prevent the loss by the district, of 
its portion of the public moneys, which would ensue from 
the employment of a teacher not holding a license. 

5, The County Superintendents are required at the 
expiration of every three months to state in a separate 
report to the department, the names of all persons w^hose 
certificates of qualification have been annulled by them, 
with the cause of such proceeding. In cases where it 
may be proper, such reports will be published in the Dis- 
trict School Journal. 

6. They are also required to keep a register of the 
names of all persons to whom they grant certificates of 
qualification, with the date of such certificate, and the 
town in which it was given ; and also of the names of all 
persons whose certificates are annulled by them, w^ith the 
date of the act and the general reasons therefor. 

Their proceedings in relation to the granting or annul- 
ling of certificates are subject to appeal to the Superin- 
tendent, by any person deeming himself aggrieved. 

V. APPEALS TO COUNTY SUPERINTENDENTS. 

No Stronger or more gratifying evidence can be afforded 
of the approbation with which the legislature regarded 
the system of county supervision as at present established, 
than is comprised in the fact of devolving upon the offi- 
cers charged or to be charged with these functions, the 
duty and responsibility of deciding in the first instance, 
upon all appeals heretofore authorized to be preferred to the 
department. Under this provision, they are not only 
vested with most important powers in reference to the 
settlement of the numerous controversies which spring up 
in the several districts, but enabled to exert a pervading 
influence of permanent utility as peace-makers, in that 
extensive class of cases where the paramount interests of 
education are now too frequently sacrificed to the attain- 
ment of a temporary triumph, or the gratification of a 
domineering, avaricious or selfish spirit. There can be 
ilo doubt that the presence and explanations and friendly 
counsels of one in whom all parties can confide — whose 
integrity is above suspicion — who comes to them, not with 
the dictatorial assumption of power, but as one deeply 



COUNTY SUPERINTENDENTS. 297 

interested in their welfare and that of their children, and 
anxious only to restore harmony and peace where har- 
mony and peace are indispensable to the common wel- 
fare, will, within the compass of a very short period, ma- 
terially reduce the number of vexatious, protracted and 
unprofitable school district controversies and dissensions. 
There will still, however, be left a wide field for the exer- 
cise of sound judgment, nice discrimination and untiring 
patience and equanimity. 

To qualify themselves for the judicious and enlighten- 
ed discharge of the duties and responsibilities thus de- 
volved upon them, the County Superintendents must first 
render themselves familiar with the various laws relating 
to common schools and with the published decisions of 
the department under those laws. In order to secure as 
far as may be possible, perfect uniformity of decision 
throughout the state, it is recommended to the several 
County Superintendents to refer at once to the head of 
the department, every question respecting the proper 
interpretation of any given statute or principle, not clear- 
ly apparent or specifically settled by the published deci- 
sions. It is of the utmost importance that the adminis- 
tration of the system should be uniform in every section 
of the state. Discordant principles and clashing deci- 
sions in reference to the same point, must, it is obvious, 
fatally weaken the influence of that admirable organiza- 
tion which now prevails, and introduce anarchy and con- 
fusion in the place of order and justice. 

In the settlement and disposition of the various ques- 
tions which will come up before them, the County Super- 
intendents can preserve and extend their influence and 
promote their usefulness, only by a strict impartiality 
between the contending parties, and a calm, temperate, 
dispassionate, but at the same time, firm and dignified 
examination and decision of the points at issue. If they err, 
either in reference to the facts or the law, a prompt remedy 
is afforded by an appeal to the department ; but if they have 
imprudently made themselves, either by an overweening 
confidence in their construction of the law in reference to 
the particular facts of any given case, or otherwise, par- 
ties to the controversy, they will find it exceedingly diffi- 
cult to regain that influence over the minds and feelings 



28S COMMON SCHOOL SYSTEM. 

of the disappointed, or even of the finally successful party, 
which is so indispensable to the efficient performance of 
their supervisory duties. 

Any inhabitant of a school district conceiving himself 
aggrieved, in consequence of any proceeding or decision 
of any school district meeting, or of the Town Superin- 
tendent, either separately or in conjunction with the su- 
pervisor and town clerk, relative to the formation or alter- 
ation of any school district, or of the trustees or librarian, 
in the discharge of any of the duties devolving upon 
them, or concerning any other matter arising under the 
shool law of whatever description, is now required to 
bring his appeal, in the manner and within the time now 
prescribed by the regulations of the department, to the 
County Superintendent, whose decision thereon is final, 
unless appealed from to the department within fifteen days 
after service of a copy thereof. 

CASES IN WHICH APPEALS MAT BE MADE. 

Under the 110th Section of the Common School ^ct. (No. 160.) 

I. Where any decision has been made by any school district 
meeting.' 

This includes the whole class of cases, in which district meet- 
ings have the power to decide on any proposition or motion that 
may legally be made to them, under any section of the school act, 

II. Where any decision has been made by the Town Superinten- 
dent of common schools, or by him and the supervisor and town 
clerk, in the forming or altering, or in refusing to form or alter any 
school district, or in refusing to pay any school moneys to any dis- 
trict; and under the general provision, " concerning any other mat- 
ter under the present title," appeals will also lie from the proceed- 
ings of such Town Superintendent in any erroneous distribution of 
public money, in paying it to any district not entitled, or more than 
it is authorized to receive ; and in fact from any official decision, 
act, pr proceeding, and from a refusal to discharge any duty imposed 
by law, or the regulations of the Superintendent, or incident to the 
duties of his office. 

III. Where any decision has been made by trustees of school dis- 
tricts in paying any teacher, or refusing to pay him, or in refusing 
to admit any scholar gratuitously into the school. And under the 
same general provision referred to, in improperly admitting any 
scholar gratuitously, in making out any tax list, or rate-bill, or in 
any act or proceeding whatever, which they undertake to perform 
officially ; and also for a refusal to discharge any duty enjoined by 
law, or any regulation of the Superintendent, or incident to the du- 
ties of their office. 

IV. Where Town Superintendents have improperly granted or 



COUNTY STJPEIIINTENDENTS. 289 

annulled a certificate of qualification to a teacher, or have refused 
to grant or annul such certificate ; and where they have undertaken 
to perform any official act, or refused to discharge any duty imposed 
by law or under its authority, in the inspection of teachers and visi- 
tation of schools. 

V. Where clerks of districts, clerks of towns, or other ministerial 
officers, refuse to perform any duty enjoined by the Common School 
Act. 

VI. Where any other matter under the said act shall be present- 
ed, either in consequence of disputes between districts respecting 
their boundaries, or on any other subject ; or in consequence of dis- 
putes between any officers charged with the execution of any duties 
under the laws concerning common schools, or disputes between 
them and any other person relating to such duties or any of them. 

Under the Ath section of the ' ' Act respecting School District Li- 
braries." (No. 183.) 

VII. Appeals may be made from any act or decision of trustees 
or school districts concerning the libraries, or the books therein, or 
the use of such books. 

VIII. Any act or decision of the librarian in respect to the libra- 
ry. 

IX. Any act or decision of any district meeting in relation to their 
school library. 

X. Appeals also lie from the acts of Town Superintendents of 
common schools in withholding or paying over library money to any 
district. 

Under the iOth Section of the Act of 1841, relating to Common 
Schools. (No. 161.) 

XI. All proceedings under any authority conferred by this act 
upon any of the officers connected with the common schools, and 
all omissions and refusals to perform any duty enjoined by said act, 
is subject to appeal in the same manner and with the like effect as 
incases arising under the 110th section above referred to. 

BY WHOM APPEALS ARE TO BE MADE. 

XII. The person aggrieved by the act complained of, only, can 
appeal. Generally, every inhabitant of a district is aggrieved by 
the wrongful act or omission of a trustee or Town Superintendent, by 
which money or property is disposed of, or not secured for the be- 
nefit of the district. But no one is aggrieved by another being in- 
cluded in a tax list, or rate-bill, although other inhabitants are by 
the omission of one who should be taxed j and appeals may be 
made by trustees, in behalf of their districts, whenever they are ag- 
grieved. 

FORM AND MANNER Or PROCEEDING. 

XIII. An appeal must be in wiiting and signed by the appellant. 
When made by the trustees of a district, it must be signed by all 
the trustees, or a reason must be given for the omission of any, ve- 
rified by the oath of the appellant, or of some person acquainted 
with such reason. 

19 



290 COMMON SCHOOL SYSTEM. 

XIV. A copy of the appeal, duly verified, and of all the state- 
ments, maps and papers intended to be presented in support of it, 
must be served on the officers whose act or decision is complained 
of, or some one of them ; or if it be from the decision or proceed- 
ings of a district meeting, upon the district clerk or one of the trus- 
tees, whose duty it is to cause information of such appeal to be 
given to the inhabitants who voted for the decision or proceeding 
appealed from. 

XV. Such service must be made within thirty days after the ma- 
king of the decision, or the performance of the act complained of : 
or within that time, after the knowledge of the cause of complaint 
came to the appellant, or some satisfactory excuse must be rendered 
for the delay. 

XVI. The party on whom the appeal was served, must within 
ten days from the time of such service, answer the same, either by 
concurring in a statement of facts with the appellant, or by a sepa- 
rate answer. Such statement and answer must be signed by all the 
trustees, or other officers, whose act, omission or decision is appeal- 
ed from, or a good reason on oath must be given for the omission 
of the signature of any of them, verified by oath, and a copy of 
such answer must be served on the appellants or some one of them. 

XVII. So far as the parties concur in a statement no oath will be 
required to it. But all facts, maps or papers, not agreed upon by 
them and evidenced by their signatures on both sides, must be verified 
by oath. 

XVIII. All oaths required by these regulations must be taken 
before a judge of a court of record, a commissioner of deeds, or a 
justice of the peace. 

XIX. A copy of the answer, and of all the statements, maps 
and papers intended to be presented in support of it, must be served 
upon the appellants or some one of them, with ten days after service 
of a copy of the appeal, unless further time be given by the County 
Superintendent, on application, in special cases ; but no replication 
or rejoinder shall be allowed, except by permission of the County 
Superintendent, and in reference exclusively to matters arising upon 
the answer, and which may be deemed by such County Superintend- 
ent pertinent to the issue : in which case such replication and re- 
joinder shall be duly verified by oath and copies thereof served on 
the opposite party. 

XX. Proof or admission of the service of copies of the appeal, 
answer, and all other papers intended to be used on the hearing of 
such appeal, must, in all cases, accompany the same. 

XXI. When any proceeding of a district meeting is appealed from ; 
and when the inhabitants of a district generally are interested in the 
matter of the appeal ; and in all cases where an inhabitant might 
be an appellant, had the decision or proceeding been the opposite 
of that which was made or had ; any one or more of such inhabi- 
tants may answer the appeal, with or without the trustees. 

XXII. Where the appeal has relation to the alteration or forma- 
tion of a school district, it must be accompanied by a map, exhibit- 
ing the site of the school-house, the roads, the old and new lines of 
districts, the diflferent lots, the particular location and distance from 
the school- houses, of the persons aggrieved ; and their relative dis- 



COUNTY SUPERINTENDENTS. 291 

tance if there are two or more school-houses in question. Also, a 
list of all the taxable inhabitants in the district or territory to be 
afiected by the question : the valuation of their property taken from 
the last assessment roll, and the number of children between five 
and sixteen belonging to each person, distinguishing the districts 
to which they respectively belong. 

XXIII. When the copy of the appeal is served, all proceedings 
upon or in continuation of the act complained of, or consequent in 
any way upon such act, must be suspended, until the case is decid- 
ed So where any decision concerning the distribution of public 
money to one or more districts is appealed from, the Town Superin- 
tendent must retain the money which is in dispute until the appeal 
is decided. And where trustees have money in their hands claimed 
to belong to any person, or any other district, after the copy of an 
appeal is served on them in relation to such claim, they must retain 
such moneys to abide the result, and must not expend them so as to 
defeat the object of the appeal. 

XXIV. Whenever a decision is made by the County Superintend- 
ent, and communicated to the Town Superintendent of common 
schools, respecting the formation, division or alteration of districts, 
he must cause the decision to be recorded in the office of the town 
clerk. All other decisions communicated to him, or to the trustees 
of districts, are to be kept among the official papers of the clerk of 
the town or district and handed over to his successors ; and the dis- 
trict clerks are required to record all such as come to their hands in 
the district book kept by them. 

APPEALS TO THE STATE SUPERINTENDENT. 

XXV. The following regulations respecting the mode of bringing 
an appeal from the decision of the County Superintendent have 
been prescribed in pursuance of the authority conferred by the se- 
venth section of the late act. 

Whenever any party to an appeal shall be desirous of appealing 
to the Superintendent of Common Schools from the decision of any 
County Superintendent, such party shall, within fifteen days after 
service of a copy of such decision, serve a written notice upon such 
County Superintendent, either personally or by leaving the same at 
his residence, of his or their intention to appeal from such decision. 
Such County Superintendent shall, within ten days thereafter, trans- 
mit to the Superintendent of Common Schools, a statement setting 
forth all the allegations and proofs of the respective parties before 
him, or the originals or certified copies of such papers as were pre- 
sented on such appeal, together with a copy of his decision thereon, 
for which he shall be entitled to receive the sum of one dollar, to 
be paid by the party appealing, on service of notice of his intention 
to bring said appeal. The respective County Superintendents shall 
annually render a correct account of the money so received by them, 
verified by their oath, to the board of supervisors of their counties j 
who, in their discretion may deduct the said amount from the post- 
age account of such Superintendent. The final decision of the Su- 
perintendent in the premises shall be communicated by the County 
Superintendent to the respective parties, on application by them, or 



292 COMMON SCHOOL SYSTEM. 

either of them. The bringing of such appeal from the decision of 
the County Superintendent, shall not operate as a stay of proceed- 
ings, unless such stay shall be specially directed by such County 
Superintendent ; in which case a copy of the order staying such pro- 
ceedings shall be served upon the opposite party. 

VI. MISCELLANEOUS DUTIES. 

1. County Superintendents are undoubtedly within the 
class of public officers required by the Constitution to take 
the oath of office. This oath should be filed with the 
county clerk previous to the performance of any duty. 

2. Upon being duly qualified, they are directed to an- 
nounce the fact to the department, stating their places of 
residence, and the post-offices to which communications 
intended for them should be addressed. They will also 
state the most practicable mode of transmitting to them 
any books or packages. 

3. It is recommended to them to assemble the teachers 
of neighboring districts, as often as may be, at convenient 
places, that they may communicate with him and each 
other, on the best modes of promoting the success of their 
schools. By comparing their views respecting the man- 
ner of teaching, the government of schools, and the vari- 
ous topics of practical duty, they will eventually derive 
much benefit. Indeed there is no subject on which more 
light may be thrown than on that of primary education, 
by full and free discussion ; not for the purpose of main- 
taining preconceived opinions, but with the honest desire 
of improving by the experience and observation of others. 
And if permanent associations of teachers can be formed 
in each county, or where the county is large in different 
portions of it, they will not only promote the usefulness 
of the members, but will produce those feelings of recip- 
rocal kindness and good will, which should belong to a 
profession of such importance, and enable them to pre- 
serve and increase the public respect und confidence by 
the salutary restraint they may exercise over each other, 
and by the means they will thus possess of excluding un- 
worthy associates. The regular and steady increase in 
the rate of wages paid to teachers, proves that their pro- 
fession is advancing in public estimation. The unnatural 
augmentation of the numbers of those who have hereto- 
fore devoted themselves to other professions, particularly 



COUNTY SUPERINTENDENTS. 293 

that of the law, has produced the usual effect of a redun- 
dancy ; and many of the best educated young men in our 
state are now turning their attention to the business of in- 
struction, as the pursuit of their lives. In this state of 
things more depends on the teachers themselves, than on 
any other cause, to elevate the character of their profes- 
sion, and with it the standard of education, and thus ex- 
pand to the utmost extent the blessings of our schools. 

4. Where there are two Superintendents appointed for 
the same county, they should abstain from all interference 
with the powers and duties of each other, as carefully as 
if they were appointed for separate counties. A violation 
of this regulation will be sure to be followed by conten- 
tions and difficulties the most disastrous. Yet they should 
frequently meet, so as to produce, as far as possible, 
harmony of design and concert of action. The reports 
from each will necessarily relate to his own division of the 
county. They should, however, unite in a joint report to 
the department. 

6. It is earnestly recommended to the Superintendents 
of neighboring counties to meet as often as their duties will 
permit, to compare their observations, to assist in the for- 
mation of plans by which the modes of instruction and 
government in schools may be improved, and their own 
duties simplified and facilitated ; and to promote, by all 
the means in their power, the success of the great and 
beneficent system entrusted to their hands. 

8. The compensation of the County Superintendents is 
provided for by § 39, of the act of 1841, (No. 174.) They 
should make out an account of the number of days 
** necessarily spent in the discharge of their duties,'* 
which should be verified in the manner required by the 
board of supervisors, which is usually by oath. The 
board is then to audit and certify the whole amount to be 
paid. Upon producing to the county treasurer a certified 
copy of the resolution of the board, he is to pay one equal 
moiety out of the moneys in his hands for the contingent 
charges of the county. Another copy of the resolution 
of the board, certified by the chairman and clerk, should 
then be procured. To this should be attached an order 
signed by the County Superintendent drawing it, to the 
treasurer of the state, directing the payment of the re- 



k 



294 COMMON SCHOOL SYSTEM. 

maining moiety, the amount of which should be specified, 
to some person to be designated therein. The person in 
whose favor the order is drawn will present it to the 
comptroller, with the certified copy of the resolution, and 
of the State Superintendent, that the officer has complied 
with the instructions of the department, and has made the 
annual report required by law; and that officer will draw 
his warrant on the treasurer, who will pay the amount, 
on the receipt of the person presenting the order. 

It is believed that under the provision allowing com- 
pensation " for the days necessarily spent in the discharge 
of their duties," the Superintendents will have a right to 
charge for the time employed by them in visiting the 
schools and districts, in licensing teachers, in annulling 
their certificates, in collecting the materials for their re- 
ports, in visiting the academies in which departments are 
established for the instruction of teachers, in preparing 
the reports required of them, and copying those made by 
the commissioners of towns. 

As the pay of the County Superintendents cannot ex- 
ceed $500 in each year, which will only cover 250 days, 
and as in the counties generally, more than that number of 
days will be required for inspections and preparing re- 
ports, there will be little occasion for very minute inquiries 
respecting the services entitled to compensation. 

9. County Visitors. — The authority to appoint these 
visitors given by the act of 1839, (No. 3,) remains in full 
force, and the gentlemen heretofore selected retain the 
powers conferred by their appointment and the statute. 
Although the same exigency for their services does not 
exist, yet they can still be eminently useful in awakening 
public attention and concentrating public opinion on the 
subject of primary education, by co-operating with the 
County Superintendents. They are, therefore, to be en- 
couraged and assisted in any efforts they may make to 
visit the schools and improve their condition. 

A review of the several heads of these instructions 
will impress the County Superintendents with the extent, 
variety and importance of the duties they have assumed. 
They will perceive that their stations will not be sine- 
cures ; and that upon the faithful and conscientious dis- 
charge of their obligations w^ill depend the success or 



COUNTY SUPERINTENDENTS. 295 

failure of what is believed to be the greatest improvement 
in our system of common school instruction that has been 
made since its establishment. 

It can scarcely be necessary to say that all the aid in 
the power of the department of common schools will be 
cheerfully rendered to facilitate the performance of duties, 
to which the hopes and expectations of the friends of edu- 
cation are so anxiously directed, and from which so much 
is expected. 

In this country, no systems, however perfect, no enact- 
ments, however enlightened, and no authority, however 
constituted, can attain to the full accomplishment of their 
object, however praiseworthy and laudable, without the 
hearty and efficient co-operation of public sentiment. Aid- 
ed by this co-operation, the most important results may 
be anticipated from the most simple organization. The 
repeated and solemn recognition by the representatives of 
ihe people, of the interests of popular education and pub- 
lic instruction; the nearly unanimous adoption of a system, 
commended to the public favor as well by practical expe- 
rience, as by the concurring testimony of the most en- 
lightened minds of our own and other countries ; and the 
simplification of much of the complicated machinery 
which served only to encumber and impede the operation 
of that system; these indications afford the most conclu- 
sive evidence not only of the importance which the great 
mass of our fellow citizens attach to the promotion of 
sound intellectual and moral instruction, but of their de- 
termination to place our common schools, where this in- 
struction is chiefly dispensed to the children of the state, 
upon a footing which shall enable them most efl^ectually 
to accomplish the great objects of their institution. 

It is upon the extent and permanency of this feeling, 
that the friends of education rely ; and this spirit to which 
they appeal, in looking forward to the just appreciation 
and judicious improvement of those means of moral and 
mental enlightenment which the beneficent policy of the 
state has placed at the disposal of the inhabitants of the 
several districts. The renovation of our common schools, 
distributed as they are, over every section of our entire 
territory, their elevation and expansion to meet the con- 
stantly increasing requirements of science and mental 



296 COMMON SCHOOL SYSTEM. 

progress, and their capability of laying broad and deep 
: the foundations of charaicter and usefulness, must depend 
• upon the intelligent and fostering culture which they shall 
receive at the hands of those to whose immediate charge 
they are committed. There is no institution within the 
range of civilization, upon which so much, for good or for 
evil, depends — upon which hang so many and such im- 
portant issues to the future well being of individuals and 
communities, as the common district school. It is through 
that alismbic that the lessons of the nursery and the fa- 
mily fire-side, the earliest instructions in pure morality, 
and the precepts and examples of the social circle are dis- 
tilled ; and from it, those lessons are destined to assume 
that tinge and hue which are permanently to be incorpo- 
rated into the character and the life. Is it too much then, 
to ask or to expect of parents, that laying aside all minor 
considerations, abandoning all controversies and dissen- 
sions among themselves in reference to local, partisan and 
purely selfish objects, or postponing them at least, until 
the interests of their children are placed beyond the influ- 
ence of these irritating topics, they will consecrate their 
undivided energies to the advancement and improvement 
of these beneficent institutions. Resting as it does upon 
their support, indebted to them for all its means of use- 
fulness, and dependent for its continued existence upon 
their discriminating favor and efficient sanction, the prac- 
tical superiority of the existing system of public instruc- 
tion, its comprehensiveness and simplicity — its abundant 
and unfailing resources — and its adaptation to the educa- 
tional wants of every class of community, will prove of 
little avail without the inviororatinsf influences of a sound 
and enlightened public sentiment, emanating from and 
; pervading the entire social system. The now neglected 
; and deserted district school must become the central inte- 
; rest of the citizen and the parent, the clergyman, the law- 
yer, the physician, the merchant, the manufacturer and the 
agriculturist. Each must realise that there, under more 
or less favoring auspices, as they themselves shall deter- 
mine, developments are in progress which are destined, 
at no distant day, to exert a controlling influence over the 
institutions, habits, modes of thought and action of soci- 
ety in all its complicated phases ; and that the primary 



COUNTY SUPERINTENDENTS. 297 

responsibility for the results which may be thus worked 
out, for good or for evil, rests with them. By the remo- 
val of every obstacle to the progressive and harmonious 
action of the system of popular education, so carefully or- 
ganized and amply endowed by the state, by a constant, 
and methodical and intelligent co-operation with its au- 
thorized agents, in the elevation and advancement of that 
system in all its parts, and especially by an infusion into 
its entire course of discipline and instruction of that high 
moral culture which can alone adequately realize the idea 
of sound education, results of inconceivable magnitude 
and importance to individual, social, and moral well being 
may confidently be anticipated. These results can only 
be attained by an enlightened appreciation and judicious 
cultivation of the means of elementary instruction. They 
demand and will amply repay the consecration of the 
highest intellectual and moral energies, the most compre- 
hensive benevolence, and the best affections of our com- 
mon nature. 



CHAPTER X. 



LOCAL AND SPECIAL PROVISIONS. 

CITY OF ALBANY; 

[Chap. 240, Laws of 1830. Chap. Ill, Laws of 1831. Chaps. 358 and 359. LawB of 
1837. Chap. 128, Laws of 1844] 

The several district schools of this city are under the 
general supervision of a board of commissioners, nine in 
number, appointed by the mayor, recorder and Regents of 
the University residing in the cily. This board is divided 
into three classes, one of which is annually chosen, and 
its members hold their offices for three years, and until 
their successors are duly appointed: subject to removal 
for cause, by a vote of two-thirds of the appointing board. 
They are empowered to appoint a president and secretary, 
the latter of whom is authorized to receive such compen- 
sation, not exceeding $150 annually as the board may 
prescribe. They are authorized and required to " con- 
tract with and employ the teachers of the district schools 
of said city ; to remove any teacher upon manifest ne- 
glect of duty, or upon violation of his or her contract; to 
appoint a collector for the said district schools ; to make 
out rate-bills and exempt indigent children therefrom ; to 
select and introduce uniform class books into said schools ; 
to supply indigent pupils with said class books, by using 
and appropriating for that purpose a portion of the library 
money, not exceeding three hundred dollars in any one 
year ; to appropriate and use, for the purpose of keeping 
in repair the several libraries of said district schools, for 
increasing the same, and for purchasing maps and appa- 
ratus for said schools, a further portion of said library 
money, not exceeding three hundred dollars annually; to 
provide for the instruction of the pupils of said district 
schools in vocal music, by appropriating a farther portion 
of said library money, not exceeding four hundred dollars 



300 COMMON SCHOOL SYSTEM. 

annually; to secure, with whatever may remain unex- 
pended of said library money, the education of such num- 
ber of indigent pupils from said district schools, in either 
of the academies or in any normal school of said city, by 
paying for their tuition therein, as the common council of 
said city may sanction ; but all children so educated must 
have been members of said district schools for at least two 
years, and neither of such academies shall receive from 
the distribution of the literature fund, any sum for or on 
account of such pupils ; and such academies shall, in their 
annual report to the Regents of the University, state the 
number of such pupils taught therein ; and no portion of 
such unexpended money can be so appropriated until the 
ordinary expenses of said district schools for libraries and 
tuition are first satisfied; to visit the district schools as 
often as once a quarter ; to hold a meeting of the board 
once a month, and at the quarterly meetings of said board 
to require the presence and reports of the several princi- 
pal teachers of said schools ; to make a semi-annual 
report of all the acts of said board to the common coun- 
cil, and to make and publish an annual report in two of 
the daily papers of said city ; and generally to possess 
the powers, discharge the duties and be subject to all 
the obligations of trustees and other school officers of the 
said city of Albany, as granted and imposed by the se- 
veral acts in relation to district schools of said city." 
They are also authorized to make such by-laws and regu- 
lation as may be necessary for the prosperity, good order 
and sound discipline of said district schools ; for the se- 
curity and preservation of the school-houses and other 
property belonging to said districts ; and generally to 
carry into effect the provisions of the several school acts of 
said city ; and when said by-laws and regulations are 
sanctioned by the persons authorized to appoint commis- 
sioners, they are to take effect. 

All school moneys belonging to the district schools, 
whether received from the state, raised by tax, or collect- 
ed on school rates are to be deposited with the chamber- 
lain of the city, until drawn, from time to time, by duly 
certified orders of the board of commissioners ; and said 
orders are to set forth the object of each payment, and 



LOCAL AND SPECIAL PROVISIONS. 301 

be signed by the officers of the board ; who are restricted 
by a special provision from incurring any obligation that 
shall increase the taxes of said city. 

The supervisors of the county of Albany, at their an- 
nual meeting in each year, are required to cause a sum 
of money equal to twice the amount of the money 
apportioned to the city from the common school fund, 
together with collectors' fees, to be raised, levied and col- 
lected, in the same manner that other taxes are raised, 
levied and collected ; and when so raised, to be paid to 
the chamberlain, for the support of common schools in the 
city of Albany. 

The commissioners are required, in each year, to ap- 
portion of the moneys paid to the chamberlain of said 
city, for the support of common schools, one hundred dol- 
lars to each school district east of Perry-street, and 
twenty-five dollars to each school district west of Perry- 
street; said moneys to remain in the chamberlain's hands 
until drawn, from time to time, by duly certified orders 
of the board, as hereinbefore specified, to be applied for 
contingent expenses, repairs, fuel, &c. They are also to 
apportion, annually, on the returns of qualified teachers, 
for the instruction of the children in the Albany orphan 
asylum, which, for this purpose, is regarded as one of the 
district schools. 

No district east of Perry-street has power to hold a dis- 
trict school meeting, to vote a tax, or to do any act as a 
district meeting, nor to sell or dispose of the district pro- 
perty, without a legislative enactment. 

The inhabitants of the city of Albany residing west 
of Perry-street, within any district now formed, or which 
may hereafter be formed in said city, and the clerk, 
trustees and collector of every such district, possess the 
like powers, and are subject to the like duties and liabili- 
ties, as the inhabitants and same officers of school districts 
in the towns in this state, except where it is otherwise 
specially provided. 

The inhabitants of the city residing west of Perry- 
street, and east of a parallel line three miles west thereof, 
qualified to vote for town officers, are required, each 



302 COMMON SCHOOL SYSTEM. 

year, to meet at some convenient place within said 
bounds, and there elect by ballot one commissioner and 
one inspector of common schools, and one collector, and 
to form themselves into a school district, the same as a 
separate ward. They are authorized to impose and col- 
lect the same taxes upon the real and personal property 
within the said district, for the hire or erection of a school- 
house, and the support of a teacher, as if they were a 
separate ward, and are entitled to a like distribution of 
the school money. 

CITY OF BROOKLYN. 

[Chap. 63, Laws of 1843.] 

The common council are ex officio Commissoners of 
common schools, with all the powers conferred by the 
general law on Town Superintendents, except as modi- 
fied by the special provisions hereinafter referred to. 

The entire management, control and direction of all the 
district schools in the city are committed to a board of 
education, consisting of two representatives from each of 
the districts, appointed by the common council, and divi- 
ded into three classes, one of which goes out of office 
annually, and their successors are appointed. The mem- 
bers of the several classes are, however, re-eligible, and 
hold their places until their successors are appointed. All 
vacancies are to be filled by the common council ; and 
whenever any new district is formed, they are to appoint 
two or more persons to represent the same, and to assign 
such persons to such of the classes as they may deem 
proper, having regard, as far as practicable, to the preser- 
vation of an equality in the several classes. 

The board of education possess the general powers, and 
are subject to the general restrictions and liabilities con- 
ferred or imposed by law upon trustees of school districts, 
subject to the power of the common council, to make 
such provisions, by ordinance, for the regulation of such 
board, not inconsistent with the general school laws of the 
state, as shall seem to them necessary to effect a complete 
and efficient organization for common school education. 



LOCAL AND SPECIAL PROVISIONS. 303 

The mayor of the city and the County Superintendent 
of Kings county are ex officio^ members of the board of 
education. 

The joint board of city supervisors and the common 
council are authorized at their annual meeting to specify 
such amount as they shall deem necessary to be levied 
and collected by tax for common school education, not ex- 
ceeding one-quarter of a mill upon every dollar of the 
value of the taxable property of the city as assessed the 
preceding year. They may also determine [Chap. 93 
Laws of 1836,] what sums are necessary to be raised for 
the purchase of a suitable site for a school or school-house 
in any of the school districts, and for the building of a 
suitable house or houses therein, which sums are to be 
levied and collected upon the taxable property within the 
respective districts where such school-house is to be built, 
and when collected to be paid over to the board of educa- 
tion, to be by them applied to the specific purposes for 
which they were designed. These sums are in addition 
to, and exclusive of, the amount levied by the board of 
supervisors of the county to entitle the city to its distri- 
butive share of the school moneys of the state ; and when 
collected, they, together with the amount received from 
the state and that levied by the board of supervisors, are 
to be paid over to the city treasurer and by him placed to 
the credit of the board of education and disbursed in ac- 
cordance with such ordinances as may be adopted by them 
for this purpose. 

CITY OF BUFFALO. 

[Tide IX. Chap. 122, Laws of 1843.J 

The mayor and aldermen of the city are ex officio Com 
missioners of common schools, and are authorized, in 
common council assembled, to perform all the duties, and 
are vested with all the rights powers and authorities of 
Commissioners, (Superintendents) in the several towns. 
For all school purposes, the city is to be regarded as 
one of the towns in the county of Erie. A City Super- 
intendent of common schools is also annually appointed 
by the common council, on the second Tuesday of March. 

Ail the district schools organized within the city are 



304 COMMON SCHOOL SYSTEM. 

public and free to all white children under sixteen years 
of age, residing therein ; and the common council are re- 
quired by law to direct and cause a sum, not exceeding 
ten thousand dollars, to be annually levied on the taxable 
property of the city, for the support of these schools ; in 
addition to which they are authorized, by a vote of two- 
thirds of the aldermen elected, to include in the general 
annual city tax, such sum as, in their opinion, with the 
public school moneys for the year, will be sufficient to 
support their school system, and to defray such of the 
expenses of the schools under their charge as may not be 
provided for by taxation in the respective districts, under 
the provision hereinafter specified. The moneys so to be 
raised, together with all moneys received from any source 
for school purposes, constitute a separate and distinct fund, 
incapable of diversion to any other purpose whatever. The 
common council are authorized, however, by a special 
provision of law, to expend such portion of the library 
money received from the state, as they may deem proper, 
*' in binding and repairing the books in the city [school] 
library, in purchasing maps and other apparatus for the 
schools, and in supplying indigent scholars, in the schools 
under their charge, with the necessary common school 
books and other implements of learning." 

The common council are also required to " provide and 
maintain one or more free schools in the city for the 
colored children thereof;" to "purchase one or more sites 
and erect thereon, furnish and maintain all buildings 
necessary for such schools," and from time time to raise 
all moneys necessary for these purposes by a general city 
tax. 

They are also authorized and required, whenever it 
may be necessary so to do, to designate and purchase or 
lease in each school district, a site or sites for the school- 
house or school-houses therein, and to fence and improve 
the same, as to them shall seem suitable and proper; to 
build on such site or sites, or on any lot owned by such 
district, such school-house or school-houses and out- 
houses as shall to them appear suitable and sufficient for 
such district ; to complete, improve, enlarge or repair any 
district school-house, from time to time, as they shall 
think proper, and to supply such school-houses, whenever 



LOCAL AND SPECUL PROVISIONS. 305 

they deem it expedient, with such school apparatus, books, 
furniture and appendages as they may direct, and to pre- 
scribe the course and extent of the studies to be pursued 
therein ; to order from time to time, a tax to be levied on 
all the taxable property of any district, sufficient to pay 
all such sums as they may have expended, or deem ne- 
cessary to be expended in that district, for the purpose 
above specified ; to make out a tax roll or list of every dis- 
trict tax ordered by them, within sixty days after such 
district tax shall be ordered, similar in form to the general 
assessment roll in said city, ascertaining the valuation of 
the property to be taxed as far as possible from the last 
assessment roll of said city — no person to be entitled to 
any reduction of the valuation of such property so ascer- 
tained, unless he shall give notice of his claim to such re- 
duction to the City Superintendent of common schools, 
within ten days after the passage of the order to raise 
such tax ; and when such valuation of taxable property 
cannot be ascertained from such assessment roll, the com- 
mon council, or such Superintendent are to ascertain such 
valuation by the best means in their power, and such rolls 
are to be delivered for collection either to the city collec- 
tor or the collector of the district; to make such by-laws 
and ordinances as they may deem necessary for the pros- 
perity and good order and government of the common 
schools, and the security and preservation of the school- 
houses and other property belonging to the school districts, 
and to prescribe the duties and powers of the Superin- 
tendent, and of the several district clerks, trustees and 
collectors, in all cases not provided for by the act; to 
require and take from the district collectors such security 
as they may deem adequate, and if such security be not 
given by any such collector, to remove him and appoint a 
successor; to authorize and require the Superintendent 
of common schools in said city to do any act, or to perform 
any duty, required of any trustee of a school district of 
said city, in case of any vacancy in the office of trustee, or 
of the neglect or refusal of such trustee to perform such 
duty; to divide the district schools in said city into prima- 
ry and higher departments or otherwise, whenever they 
shall deem such division desirable, and to prescribe regu- 
lations for the transfer of scholars from one department to 

20 



306 COMMON SCHOOL SYSTEM. 

the other, and also to direct the Superintendent to provide 
suitable and sufficient instruction for each of the said 
departments." 

The City Superintendent is the executive officer of the 
common council to carry into effect its ordinances and the 
several provisions of law, applicable to the common 
schools ; and to perform any duty in respect to such 
schools, which they may assign to him ; and he is invest- 
ed with all the powers and authority, and subject to all 
the duties and obligations of Town Superintendents in 
reference to the visitation and inspection of the city 
schools, and the licensing of teachers. He also has the 
care and custody of the several school-houses of the city; 
contracts with and employs all teachers ; under the direc- 
tion of the common council, contracts for and superin- 
tends the building, enlarging, improving furnishing and 
repairing of all the school-houses, ordercv' to be erected 
by them, and the making of all repairs and improvements 
on and around the same; and in all cases where no other 
special provision is made, supplies the place and performs 
the duties in respect to the several school districts of the 
city, of trustees of districts under the general statutes 
relating to common schools. 

The inhabitants of the several districts possess the same 
powers, when legally assembled in district meeting, as is 
given by law to the inhabitants of the several school dis- 
tricts throughout the state, except that one trustee only 
can be elected for each district, and except that such meet- 
infy can neither designate the site for a scho l-house, lay 
n lax to purchase or lease the same, or to bu Id, hire, or 
purchase a school-house for such district : and the clerk 
and collector of such districts possess the general powers 
and authority, and are subject to the same duties and ob- 
ligations, as such officers in the several districts of the 
state. Notices of annual, special or adjourned district 
meetings, are given by publication once in each week for 
two successive weeks preceeding the time of holding such 
meeting in one of the city papers, and by affixing a copy 
of such notice on the outer door of the district school- 
house, and in three other public places in the district, at 
least ten days prior to such meeting. The annual meet- 
ings of the several districts are on ihe Monday preceding 



LOCAL AND SPECIAL PROVISIONS. 307 

the last Tuesday of December in each year. The City 
Superintendent is required to revise the proceedings of 
such meetings, and see that the proper records are made, 
provide a book for that purpose, open at all proper times 
to inspection and examination by him and by the common 
council. 

Trustees are required to visit the schools at least once 
during each quarter, and to report their condition, with 
such suggestions for their improvement as they may deem 
proper to the common council. 

The common council are required annually to publish 
in the city paper, a statement of the number of common 
schools in the city ; the number v>f pupils instructed therein 
during the preceding year ; the several branches of edu- 
cation pursued, and the receipts a^id expenditures of each 
school ; specifying the sources of such receipts and the 
objects of such expenditure. 

CITY OF HUDSON. 

[Chap. 350, Laws of 1841.] 

The members of the common council of the city of 
Hudson are, by virtue of their office, commissioners of 
common schools in and for said city, and in common 
council are to perform all the duties of such commission- 
ers, and possess all the rights, powers and authority, and 
are subject to all the duties and obligations of Commis- 
sioners of common schools [Tovvn Superintendents] in the 
several towns of this state, and have power, 

" 1. To divide the city into school districts, of which 
there shall not be less than three, in the compact part of 
the city : 

" 2. To designate, purchase or lease, or otherwise ob- 
tain, in each school distri t, a site or sites for a school- 
house or school-houses the ein, and shall fence or im- 
prove the same in such a manner as to them shall 
appear suitable and proper : 

"3. To cause to be built or procured, in each district, 
such school-house or school-houses, and out-houses, as 
shall appear to them suitable and sufficient : 

" 4. To complete, improve, enlarge or repair any dis- 
trict school-house, from time to time, as they shall think 
proper ; and they shall supply the district school-houses, 



30S COMMON SCHOOL SYSTEM. 

whenever they shall deem it expedient, with such school 
apparatus, books, furniture and appendages as they may 
think necessary : 

*' 5. To appoint, in the manner provided by them for 
the appointment of other officers in said city, three per- 
sons to be denominated a board of Superintendents; of 
these three persons the one first chosen shall continue in 
office for three years ; the one next appointed shall conti- 
nue in office for two years, and the one last appointed 
shall continue in office for one year. 

" 6. To make such by-laws and ordinances as may be, 
in their opinion, necessary for the prosperity and good 
order, and efficient government of the common schools, 
and the security and the preservation of the school-houses, 
and other property belonging to the school districts ; and 
to prescribe the duties and powers of the board of super- 
intendents in all cases not provided for by this act. 

*' 7. To require and take from the Superintendents and 
collectors such security as they shall deem expedient, and 
if such security is not given by any Superintendent or 
collector, the said common council may declare his office 
forfeited and appoint another Superintendent or collector 
in his place. 

" S. To supply a vacancy produced in the board of 
superintendents, from any cause ; the person appointed 
to fill such vacancy shall continue in office during the un- 
expired remainder of the term for which his predecessor 
was chosen, and no longer, unless re-appointed. 

" 9. To divide the district schools in said city into pri- 
mary and higher departments, or otherwise, whenever 
they shall deem such division desirable ; and to prescribe 
regulations for the transfer of scholars from one depart- 
ment to another, and they shall direct the board of super- 
intendents to provide a sufficient number of suitable 
instructors for each of these departments." 

The clerk of said city, by right of office, is the clerk of 
the mayor and aldermen thereof when acting as commis- 
sioners of common schools, and he, as such clerk, is re- 
quired to perform all the duties in reference to said city, 
that the town clerks in the several towns in this state per- 
form as clerks of Town Superintendents and is subject 
to the same penalties for the neglect thereof. 



LOCAL AND SPECUL PROVISIONS. 309 

The board of superintendents of common schools, in 
respect to the common schools in said city, possess all the 
powers, and are subject to all the duties and obligations 
of the Superintendents of common schools in the several 
towns : they are to carry into effect all the ordinances and 
orders of the common council, in respect to common 
schools ; and the common council may assign to said 
board any duty required of them, in respect to the com- 
mon schools in said city. The said board are under the 
direction of the common council, and they have power, 
and it is their duty, 

"1. Tocontractfor and superintend the building, enlarg 
ing, improving, furnishing and repairing of all school-houses 
under the charge of said common council and the making 
of all repairs and improvements on and around the same. 

"2. To provide for the safe keeping of the district 
school-houses ia said city. 

^' 3. To contract with and employ all the teachers in the 
several districts therein. 

" 4. To prevent scholars resident in one district from 
attending a school in another district, and also to prevent 
scholars from going from one school to another in the same 
district, without having in both the above cases written 
permission so to do from the said board. 

" 5. To select such books as they shall deem most suit- 
able to be used as class books in the schools, and to esta- 
blish an uniformity in all the schools in regard to the 
books used therein. 

*' 6. To visit each school as often as once in each quar- 
ter, and to report the condition of the same, with such 
suggestions for the improvement thereof, to the common 
council as they may deem advisable, which report shall be 
published by the common council in two of the city papers. 

" 7. Toremove any teacher, on manifest neglect of duty, 
or upon his violating his contract; upon paying such teach- 
er pro rata for the time he has been employed. 

" S. To pay the wages of all the teachers by orders on 
the common council as commissioners of common schools, 
so far as the public money in their hands, or the money 
raised by taxes to be hereafter provided for, and the 
money paid over by the collector of the rate bills, shall 
be sufficient for the purpose. 



310 COMMON SCHOOL SYSTEM. 

" 9. To make out rate bills for the payment of teachers 
and contingent expenses, against the parent or guardian 
of each scholar, and expense of collection of the same, 
(except those exempted, as hereafter to be provided for,) 
which shall not however exreed two dollars per quarter 
for each scholar ; and no bill shall be made out for less 
time than one quarter, and to annex thereto a warrant for 
the collection thereof." 

The Common council are to appoint a collector or col- 
lectors for the p'lrpose of collecting the rate-bills, if any 
are made out by the board of superintendents; said col- 
lectors are to pay over the amount thus collected to the 
board of superintendents, subject to their order, for pay- 
ment of teachers' salaries, fuel and such contingent ex- 
penses as the common council may ordain. [Chap. 12, 
Laws of 1S43.] Kate-bills are to be made out and levied 
upon the parents or guardians of children sent to the dis- 
,trict schools, in the manner provided by law in respect to 
school districts, except such as shall procure a certificate 
of inability to pay the same from the aldermen or assis- 
tant aldermen of the ward in which such parent or guar- 
dian resides. 

The common council are authorized to raise by tax 
upon the real and personal property of said city in the 
same manner as the general taxes of the city are levied 
and collected, such sum annuajiy, not exceeding two 
hundred dollars, as may be necessary for repairs, and furni- 
ture of the school buildings and contingent expenses. 

The supervisors of the county of Columbia, at their an- 
nual meeting in each year, are required to cause a sum 
of money equal to four times the amount of money ap- 
portioned to the city of Hudson from the common school 
fund, together with the collector's fees, to be raised, levied 
and collected in the same manner that other taxes are 
raised, levied and collected, and when so raised to be 
paid to the chamberlain for the support of common schools 
in said city. After the year 1853, the common council 
have it in their power to reduce, if they deem it expedi- 
ent, the above sum to twice the amount apportioned to the 
city of Hudson, from the common school fund, and have 
recourse to the system of rate-bills as adopted in the 
several towns in this state, to supply deficiencies. 



LOCAL AND SPECIAL PROVISIONS. 311 

The board of superintendents, are, by the provisions 
of chap. 12 of the Laws of 1S43, authorized to receive 
and expend in the mode herein before prescribed, all 
moneys intended for the support of common schools in 
said city ; and the county treasurer, and the several city col- 
lectors of taxes, as well as of rate-bills, are required to 
pay over directly to them all moneys intended for the be- 
nefit and support of common schools in said city which 
may come into their hands. 

All the general laws of the state, except as modified 
by the special provisions herein before included, extend 
to and include the schools established under this act, and 
all the officers having charge of or in any way connected 
with them. 

CITY AND COUNTY OF NEW- YORK. 

[Chapter 320, Laws of 1&14.1 

The several public schools now organized, or hereafter 
to be organized in this city, are subject to the general 
supervision, management and control of a board of edu- 
cation, consisting of two commissioners, two inspectors, 
and fi^ve trustees, in each of the wards; one of each class 
to be annually elected, on the first Monday of June in 
each year by the inhabitants entitled to vote for city offi- 
cers ; the commissioners and inspectors to hold their offi- 
ces for two years, and the trustees for five years. 

The amount of public school money apportioned by the 
state to the city, is required to be received by the cham- 
berlain and placed to the credit of the common council 
for the benefit of common schools. The board of super- 
visors are required annually to raise by tax on the taxable 
property of the city and county, an equal amount, and 
also a sum equal to one-twentieth of one per cent of the 
assessed valuation of said city and county, the whole of 
which is to be applied exclusively to the purposes of com- 
mon schools, and to be deposited on the application of the 
board of education and the order of the common council, 
in one of the incorporated banks of the city, to the credit 
of the commissioners o^ the respective wards, and of the 
several societies and schools entitled thereto. They are 
also required lo raise such further sum as may be neces- 
sary for the erection, purchase, or lease, and fitting up of 



312 COMMON SCHOOL SYSTEM. 

school-houses, and for procuring sites therefor, to be paid 
over to the chamberlain, subject to the order of the board 
of education, under a specific appropriation. 

Whenever the commissioners, inspectors and trustees 
elected in any ward, or a majority of them, including at 
least one commissioner and inspector, shall certify in writ- 
ing to the board of education, that it is necessary to orga- 
nize one or more additional schools in such ward, with the 
facts and circumstances showing such necessity, the board 
are required, without delay, to investigate the subject and 
to determine upon the necessity and expediency of estab- 
lishing such school or schools. If the application is refused, 
any person aggrieved by such decision may appeal to the 
Superintendent of Common Schools, whose decision is de- 
clared binding on the party making such application, for 
the term of one year thereafter. Upon a decision by the 
board of education, or the Superintendent, favorable to the 
application, the commissioners and inspectors of the ward 
are authorized to proceed in the organization of such school 
or schools, and either to hire a school-house, or purchase 
a site and erect a building thereon, which said building, 
and the fitting up thereof, or the fitting up of any hired 
building, in case the expense exceeds two hundred dol- 
lars, is required to be done by contract, to be advertised 
at least two weeks previous to the acceptance of the esti- 
mates thereon. The commissioners and inspectors are 
also to furnish the books, stationery, and other necessary 
apparatus and furniture for the school, by contract, as far 
as practicable. The title to all lands and buildings so 
purchased; is declared to be vested in the common coun- 
cil : and the expense of establishing and organizing such 
schools, is to be levied and raised, as above mentioned, on 
the taxable property of the city, on the application of the 
board of education. 

The schools of the Public School Society, including its 
normal schools, the New- York Orphan Asylum school, 
the Roman Catholic Orphan Asylum school, the schools 
of the two half-orphan asylums, the school of the Mecha- 
nics' Society, the Harlem school, the Yorkville public 
school, the Manhattanville free school, the Hamilton free 
school, the Institution for the Blind, the school of the 
Leake and Watts Orphan House, the school connected 



LOCAL AND SPECIAL PEOVISIONS. 3lb 

with the Aims-House, and the school of the Association 
for the benefit of Colored Orphans, are respectively enti- 
tled to participate in the apportionment of the school fund, 
and are made subject to the general supervision of the 
board of education, but left under the immediate govern- 
ment and management of their respective trustees, mana- 
gers and directors. The titles to all school property, real 
or personal, hereafter to be purchased by either of such 
societies, with funds derived from the school moneys so 
apportioned, are declared to be vested in the common 
council. 

The board of education are required to apportion the 
school moneys received from the state, and raised upon 
the city, (with the exception of the amount raised for the 
establishment and organization of new schools, as above 
specified,) among the several schools and societies entitled 
to participate therein, according to the number of children 
over four and under sixteen years of age, who shall have 
actually attended said schools, without charge, the prece- 
ding year ; the average attendance to be ascertained by 
adding together the number of such children present at 
each morning and evening session, and dividing the same 
by 480 ; and in that proportion where schools have been 
organized at any intermediate period during the year. 
Where any school, by reason of peculiar circumstances is 
equitably entitled to a larger sum than its proportion so 
ascertained, the board are authorized to make such addi- 
tional allowance as they may think expedient. *' But no 
school shall be entitled to a portion of school moneys, in 
which the religious sectarian doctrine or tenet of any 
particular Christian or other religious sect shall be taught, 
inculcated, or practised, or in which any book or books 
containing compositions, favorable or prejudicial to the 
particular doctrine or tenets of any Christian sect, or 
which shall teach the doctrine or tenets of any other reli- 
gious sect, or which shall refuse or [to?] permit the visit 
and examinations provided for in this act." "But nothing 
herein contained shall authorize the board of education to 
exclude the Holy Scriptures without note or comment, or 
any selections therefrom, from any of the schools provided 
for by this act : but it shall not be competent for the board 
of education to decide what version, if any, of the Holy 



314 COMMON SCHOOL SYSTEM. 

Scriptures without note or comment shall be used in any 
of the said schools : provided that nothing herein con- 
tained shall be so construed as to violate the rights of 
conscience, as secured by the Constitution of this state, 
and the United States." 

It is made the duty of the commissioners, inspectors 
and trustees in each ward, from time to time, and as fre- 
quently as need be, to examine, ascertain and report to 
the board of education whether these provisions have been 
violated : and the commissioners in the several wards are 
to transmit to the board all reports made to them by the 
trustees and inspectors of their respective wards. The 
board of education and any member thereof, may at any 
time visit and examine any school subject to the provi- 
sions of the act, and individual commissioners may report 
to the board the result of their examinations. 

Where the share of school moneys apportioned to any 
school or society, shall exceed its necessary and legal 
expenses, the board of education are to authorize the pay- 
ment only of such amount as may be necessary, and to 
pay the balance remaining, on deposit to the credit of 
such school, into the city treasury : and in case of any 
deficiency in the amount so apportioned, to meet such 
necessary expenses in any case, such deficiency is to be 
supplied by the common council, in anticipation of the 
annual tax for the support of common schools, on the cer- 
tificate of the board of education, stating the cause of such 
deficiency, and that it was unavoidable. 

The board of education are required to file with the 
city chamberlain, on or before the first Monday of April 
in each year a copy of their apportionment, specifying the 
amount to be paid to the commissioners of each ward, and 
to the trustees, managers or directors of the several schools 
entitled to participate in such apportionment : and the 
chamberlain is authorized to pay the several sums so ap- 
portioned, on the drafts of either of the commissioners, 
trustees, or other persons duly authorized to receive the 
same, countersigned by the president and clerk of the 
board of education. They are also required on or before 
the first Monday of July in each year to report to the 
board of supervisors, an estimate of the probable amount 
which will be required to be raised during the year, for 



LOCAL AND SPECIAL PROVISIONS. 315 

the purpose of meeting the current annual expenses of 
common school instruction, and whether more or less than 
one-twentieth of one per cent in addition to an equal 
amoimt with the state quota will be necessary, which 
amount so reported the board of supervisors, or "the com- 
mon council, on their application, are required to cause to 
be raised on the taxable property of the city; and the 
board of education are authorized to retain from the 
amount so raised the sum of five hundred dollars for the 
purpose of defraying their necessary incidental expenses, 
and such further sum as may be required for the payment 
of the salary of their clerk. 

All expenses incurred for the support of common schools 
m the respective wards, are to be certified by the trustees 
and inspectors of such ward, or a majority of them, and 
delivered to the commissioners whose duty it is to audit, 
examine and pay the same, froril the funds in their hands 
or which have been deposited to their credit : and to file 
the bills with the board of education. 

Whenever an apportionment of public money shall not 
be inade to any school in consequence of any accidental 
omission to report in accordance with law, or to comply 
with any other provision of law or any regulation, the 
board of education are authorized to direct an apportion- 
ment according to the equitable circumstances of the case. 

The board of education are required annually, between 
the first day of May and the first day of June in each 
year, to make and transmit to the county clerk a report 
bearing date on the first day of May, stating 

1st. The whole number of schools within their juris- 
diction, specially designating the schools for colored chil- 
dren ; 

2d. The schools or societies from which reports shall 
have been made to the board of education, within the 
time limited for that purpose ; 

3d. The length of time each school shall have been 
kept open ; 

4th. The amount of public money apportioned or appro- 
priated to each school or society ; 

5th. The number of children taught in each school ; 

6th. The whole amount of money received by the com- 
missioners or by the societies and schools enumerated in 



316 COMMON SCHOOL SYSTEM. 

the eleventh section, for the purposes of common school 
education during the year ending at the date of their 
report, distinguishing the amount received from the 
general fund of the state and from any other and what 
source ; 

7th. The manner In which such moneys shall have 
been expended, and whether any and what part remains 
unexpended, and for what cause ; 

8th. With such other information as the Superintend- 
ent of Common Schools may from time to time require in 
relation to common school education in the city and county 
of New- York. 

In case of neglect to make such annual report within 
the limited period, the share of school moneys apportioned 
to the city and county of New-York may, in the discre- 
tion of the Superintendent of Common Schools, be with- 
held until a suitable report shall have been rendered. 

The commissioners of each ward are required to keep 
a just and true account of all school moneys received and 
expended by them or carried to their credit, and on or 
before the first Monday of June in each year, to render to 
the board of education a just and true account in writing 
of all school moneys by them respectively received before 
the time of rendering such account, and the manner in 
which the same shall have been expended by them ; and 
the account so rendered is to be filed and recorded in the 
ofiice of the clerk of the board of education. If, on ren- 
dering such account, any balance shall be found remain- 
ing in the hands of the commissioners, or any of them, or 
standing to their credit, the said balance is to be paid over 
or carried to the credit of the commissioners of the ward 
for the ensuing year. 

The board of education have the powers and privileges 
of a corporation so far as to enable them to take and hold 
any property transferred to them for the purposes of com- 
mon school education in the city and county of New- York. 

No compensation is to be allowed to the commissioners, 
inspectors, or trustees of common schools, for any services 
performed by them, but they are entitled to receive their 
actual and reasonable expenses while attending to the 
duties of their oflice, to be audited and allowed by the 
board of supervisors. 



LOCAL AND SPECIAL PROVISIONS. 3l7 

The commissioners of each ward are required within 
thirty days after their election, to execute and deliver to 
the board of supervisors, a bond, with such surety or sure- 
ties as said supervisors shall approve, in the penalty of 
double the amount of public money appropriated to the 
use of the common schools of their respective wards, the 
preceding year, conditioned for the faithful performance 
of the duties of their office, and the proper application of 
all moneys coming into their hands for common school 
purposes ; and such bond is to be filed by the said super- 
visors in the office of the county clerk. 

The commissioners of common schools in each ward, 
together with the inspectors elected in their ward, are the 
inspectors of common schools of their ward ; and invest- 
ed with all the powers and required to perform all the 
duties appertaining to such office under the general school 
act. Two inspectors, at least, must concur in a certificate 
of qualification to teachers, and no teacher can be em- 
ployed in any of the schools organized under the act, 
who does not bold such certificate. The several schools 
are to be visited and examined by the inspectors monthly 
at least. Any certificate of qualification may be annulled 
by the inspectors, on a notice of ten days to the teacher 
holding such certificate : and to the trustees of the ward 
in which he may be employed ; to take effect, however, 
only on the approbation of the board of education and 
filing with the clerk a note of the time when such certifi- 
cate was annulled. 

The trustees of each ward are charged with the cus- 
tody and safe-keeping of all the property belonging to the 
schools organized under the act in their respective wards: 
they contract with and employ all the teachers in said 
schools ; pay their wages and the other expenses of the 
school by drafts on the commissioners of the respective 
wards, and procure the necessary blank books, in one of 
which are to be entered the accounts of all moneys receiv- 
ed and paid by them, and a statement of all the moveable 
property of the school, and in the other the names of the 
scholars attending school, and the number of days they 
have respectively attended, duly verified by the affidavit 
of the principal teacher. They are also, together with 
the trustees or managers of the various schools and socie- 



318 COMMON SCHOOL SYSTEM. 

ties entitled to participate in the public moneys, to make 
and transmit to the board of education, on or before the 
15th of February, in each year, a report in writing, signed 
and certified by a majority of the trustees making it, or by 
the presiding officer and secretary of such societies or 
schools, setting forth, 

1st. The whole number of schools within their juris- 
diction, specially designating the schools for colored 
children ; 

2d. The length of time each school shall have been 
kept open j 

3d. The whole number of scholars over four and under 
sixteen years of age, which shall have been taught, free 
of expense to such scholars, in their schools, during the 
year preceding the first day of February, which number 
shall be ascertained by adding to the number of children 
on register at the commencement of each year, the num- 
ber admitted during that year, which shall be considered 
the total for that year. 

4th. The average number that has actually attended 
such schools during the year, to be ascertained by the 
teachers keeping an exact account of the number of 
scholars present every school time or half-day; which 
being added together and divided by four hundred and 
eighty, shall be considered the average of attending 
scholars, which average shall be sworn or affirmed to by 
the teachers. 

5th. The amount of moneys received during the last 
year from the commissioners of school money, or from 
the chamberlain, and the purposes for, and the manner 
in which the same shall have been expended. 

6th. A particular account of the state of the schools, 
and of the property and affairs of each school under their 
respective care, with such other information as the board 
of education shall from time to time require. For any 
false report, with intent to obtain a greater share of public 
money than belongs to the district society or school, the 
trustee or officer signing the same, forfeits the sum of 
twenty-five dollars, and is to be deemed guilty of a misde- 
meanor. 

All personal property vested in, or hereafter to be trans- 



LOCAL AND SPECIAL PROVISIONS. 319 

ferred to the trustees of any ward for the use of schools 
in such ward is to be held by them as a corporation. 

Every trustee of a ward on the expiration of his offi- 
cial term, is to render to his associates a just and true 
account in writing of all moneys received by him for 
school purposes, and of the mode of its expenditure; and 
to pay over to them any balance appearing to be due. For 
refusal or neglect to render such account, or pay oyer such 
balance, a forfeiture of fifty dollars is incurred, to be sued 
for and collected by the board of supervisors, together 
with such unpaid balance. 

Commissioners and trustees are protected against a 
judgment for costs in suits commenced against them for 
any act performed by virtue of, or under color of their 
offices, (except suits for penalties, or suits or proceedings 
to enforce the decisions of the Superintendent) where the 
court shall certify that it appeared on the trial that such 
officers acted in good faith. 

All children between the ages of four and sixteen, resi- 
ding in the city, are entitled to attend any of the common 
schools therein, without charge for tuition. 

The County Superintendent is biennially appointed by 
the board of supervisors, and possesses the same general 
powers, and is required to perform the same general 
duties in reference to the schools of such city, as are con- 
ferred and imposed upon other County Superintendents 
under the general school act, with the exception of juris- 
diction on appeal. In case of a vacancy in his office, the 
common council are authorized to fill the same, until the 
next meeting of the board of supervisors. 

In case of the death or resignation of any member of 
the board of education, or of any inspector or trustee, or 
of a neglect or refusal to qualify or give the prescribed 
security, on the part of any commissioner, inspector, or 
trustee, the vacancy so occasioned is to be filled by the 
common council until the next annual election. 

POUGHKEEPSIE. 
[Chap. 211, Laws of 1843.] 

The village of Poughkeepsie forms a permanent school 
district, not subject to alteration by the Town Superin- 
tendent of common schools. A board of education, con 



320 COMMON SCHOOL SYSTEM. 

sisting of twelve persons, divided into four classes, one 
of which is annually to be elected, have the general 
supervision, control and management of the schools and 
school property. One good and substantial school-house is 
to be provided by the board, containing two rooms, of suffi- 
cient capacity to accommodate not less than one hundred 
and twenty-five pupils, for the erection of which and the 
purchase of a site, the sum of three thousand dollars is speci- 
fically appropriated by law. They are also to rent five 
other rooms for primary schools, for which the necessary 
funds are provided, and are authorized, whenever they may 
deem it necessary to establish other primary schools, inclu- 
ding the school of the Lancasterian School Society, with 
the consent of the trustees thereof: and to fix, determine, 
and certify the amount of money, which, when added to 
the money annually apportioned by the state, shall be 
adequate to the support of all the schools under their 
superintendence — not exceeding four times the amount 
apportioned by the state for the preceding year. The 
amount so certified is to be reported by the trustees to 
the citizens of the village at their annual charter election, 
who, in their discretion, may vote the same, or any portion 
they may deem proper, to be levied on the taxable pro- 
perty of the village, by the trustees, and when collected, 
paid over to the treasurer of said village, to be by him 
disbursed, on the resolution of the board of education, 
duly certified. "Whenever the board deem an additional 
school-house necessary, they are to specify that fact in 
their annual report, together with the proposed location 
of such school-house, the cost of its site, and of the build- 
ing, and a plan of the latter : and the electors of the vil- 
lage, at the period of the annual election of the member* 
of the board, as hereinbefore specified, are required to vote 
by ballot for or against the erection of such school-house : 
the cost of building and furnishing of which, in case of 
the approval by the electors of its erection, can in no event 
exceed three thousand dollars ; and the expense of its 
erection is to be defrayed by a loan, payable after the 
expiration of twelve years, in equal annual instalments of 
five hundred dollars each, by a general tax on the real 
and personal property of the village. The board of edu- 
cation are invested with the general powers and duties of 



LOCAL AND SPECtAL PROVISIONS. 321 

Town Superintendents, except as modified by the special 
provisions herein referred to. 

The public money applicable to the village schools, i^ 
to be paid over by the Town Superintendent to the treasu- 
rer of the village. 

CITY OF ROCHESTER. 
[Chap. 30S, Laws of 1841.] [Chap. 145, Laws Of 1844.] 

The several district schools organized and established 
according to law in this city, are under the general control 
of a Board of Education, consisting of two Commissioners 
of common schools annually elected in each of the wards of 
the city, on the first Tuesday of June, in the same manner 
with other city officers, who are vested with all the rights, 
powers and authority, conferred by law on Town Super- 
intendents of common schools, in the several towns of the 
state. Any vacancy in the board may be filled by 
appointment by the common council. The board are 
required to meet on the first Monday of each month, and 
as much oftener as they shall from time to time appoint, 
and a majority constitutes a quorum for the transaction 
of business. One of their number is to be appointed 
president, who, when present, is to preside at all meet- 
ings of the board, and is authorized to call special meet- 
ings, whenever he may deem it expedient ; and in csl^b 
of his absence, the board are authorized to choose a 
president pro tern. They are required annually to appoint 
a City Superintendent of common schools, removeable at 
pleasure by them, who is ex officio clerk of the board, 
whose duty it is to attend their meetings, keep a record 
of their proceedings, and perform such duties as they may 
from time to time prescribe, and who possesses all the 
powers, and is required to perform all the duties of 
County Superintendent, in reference to the schools of said 
city. His compensation is to be fixed by the board, and 
paid by the city treasurer from the funds raised for the 
support of common schools. 

On or before the third Tuesday of July in each year, 
the Board of Education is required to " fix and determine 
and certify and report to the common council, the amount 
of money which, when added to the money annually ap- 
portioned to the several school districts of the said city, 

21 



322 COMMON SCHOOL SYSTEM. 

out of the funds belonging to the state, shall be necessary 
to support all the common schools in said city, and to pay 
the compensation of the clerk of the said Board of Educa- 
tion ;" such amount in no case to exceed five times the 
amount of the last preceding state apportionment. This 
amount, so certified and reported by the Board of Educa- 
tion, together with the sum of three hundred dollars for 
contingent expenses, (unless the common council reduce 
the amount so certified and reported to an amount not less 
than four times the amount so apportioned by the slate, 
which they are authorized to do,) is to be annually levied 
and raised by the common council, on the taxable property 
of the city ; and together with the sum apportioned by the 
state, to be paid over when collected to the city treasurer, 
who is required from time to time to disburse the same, 
upon the resolution of the Board of Education, duly cer- 
tified by the president and City Superintendent. The ap- 
portionment of these funds is to be made by the board, in 
the same manner as the school moneys are apportioned in 
the several districts of the state. 

Whenever the inhabitants of any of the districts signi- 
fy, by vote, their intention to build a school-house, the 
Board of Education are required to fix the site of such 
house, and to determine the sum necessary to be raised 
for the purchase thereof and for building a school-house 
thereon — such sum in no case to exceed three thousand 
dollars — which they are to report to the common council, 
whose duty it is to levy and raise by tax upon the taxable 
inhabitants of such district, the sum so reported, or the 
amount to which they may reduce the same. When col- 
lected, the amount is to be paid over to the city treasurer 
and credited to the district ; and is payable by such trea- 
surer to the trustees, on the resolution of the Board of 
Educa,tion, duly certified as aforesaid. 

The Board of Education, exclusively, are required to 
audit all accounts and claims against any school district 
of the city, and payment of the same is required to be 
made directly to the claimants by the city treasurer, out 
of the moneys belonging to such district, upon a duly cer- 
tified resolution of the board. 

The names of the trustees and other officers of school 



LOCAL AND SPECIAL PROVISIONS. 323 

districts are, within ten days after their election, to be re- 
turned by the district clerk to the Board of Eduration. 

The Board of Education are authorized to separate any 
portion of a school district in the city, annexed to or united 
with a portion of a district in any of the adjoining towns, 
without the consent of the Town Superintendent of the 
latter. 

The Board of Education are authorized "to establish 
and cause to be kept, such number of schools in said city 
for the instruction of colored children, as they shall deem 
expedient," of which schools they are to possess all the 
power, and be subject to all the duties and responsibilities, 
of trustees of common schools in the town, so far as ihe 
same are applicable, and to pay the compensation of the 
teachers, of the said schools, and all the other expenses 
thereof, out of the moneys raised by tax for the support 
of common schools ; and until such schools are provided, 
no tax for the support of common schools can be imposed 
upon the property of any colored inhabitant of said city. 
Whenever they determine to establish such schools, they 
are to divide the city into convenient districts for the ac- 
commodation of such children; to make an estimate of 
the expense of erecting a suitable school-house in each of 
the said districts ; to determine the sites thereof respec- 
tively ; and to report their doings to the common council, 
who, at their option are authorized to raise by a general 
tax on the city and on a separate warrant, such sum as 
shall be necessary to build a school-house in each of the 
said districts, or in as many of them as they may deem 
expedient, not exceeding in the aggregate the sum of five 
thousand dollars. In case of a refusal by the common 
council to raise such tax, the board of education are au- 
thorized to lease suitable rooms or buildings for the ac- 
commodation of such schools, or either of them, provided 
the annual expenditure for this purpose does not exceed 
five hundred dollars. 

Any person feeling himself aggrieved by any decision 
of the trustees of any school district in said city, may 
appeal to the board of education, whose decision or deter- 
mination is declared to be binding and conclusive upon 
such trustees, until reversed by competent authority ; and 



324 COMMON SCHOOL SYSTEM. 

the board are authorized to prescribe the form and man- 
ner of proceeding in respect to such appeal. 

CITY OF SCHENECTADY. 

[Lavrs of 1829, Chap. 324.] 

The amount of moneys allowed to the city of Schenec- 
tady, by the Superintendent of Common Schools, is 
required to be apportioned by the treasurer of the county 
of Schenectady, between the Schenectady Lancaster 
School Society, and such common school districts and 
parts of districts as now are, or hereafter may be, orga- 
nized without the bounds of the compact part of the city 
of Schenectady, called the police ; and in a ratio propor- 
tioned to the number of children over the age of five and 
under sixteen years, within such compact part, and the 
number of such children in such districts and parts of 
districts respectively, without such compact part. 

The treasurer of the county of Schenectady is required 
to pay the amount thus apportioned to the Schenectady 
Lancaster School Society, to its treasurer, for the use of 
said society, and the amount thus apportioned to such 
school districts and parts of districts, to the commissioners 
of common schools for the several wards of the city of 
Schenectady. The commissioners are to distribute and 
pay to the trustees of such school districts and parts of 
districts, the amount so received by them from the county 
treasury, in proportion to the number of children residing 
in each, over the age of five and under that of sixteen 
years, as the same shall have appeared from the last 
annual report of the respective trustees. 

The assessors of the several wards of the city are 
required, annually, in their respective wards, to take ^ 
census of the children between the ages of five and six- 
teen years, residing within the compact part of said city, 
?ind between the first day of May and the first day of 
October, in each year, to make and transmit a report of 
the same to the clerk of the county of Schenectady. 

The reports required by law to be made by the trustees 
of the common school districts and parts of districts, 
without the bounds of the compact part of the city of 
Schenectady, to the commissioners of common schools, 
for the several wards of the said city, are required to be 
verified by the affidavit of the trustees. 



LOCAL AND SPECIAL PROVISIONS. 325 

The moneys received by the treasurer of the county of 
Schenectady, from taxes collected in said city, under the 
laws relative to common schools, are to be apportioned by 
him betvireen such common school districts and parts of 
districts, without the bounds of the compact part of said 
city, and the Schenectady Lancaster School Society, in 
the ratio proportioned to the amount of the assessments 
of the real and personal estates of the taxable inhabitants 
residing in such districts and parts of districts, and the 
assessments of all real estate situate therein and owned 
by persons residing out of such districts and parts of dis- 
tricts, and the amounts of the assessments of the real and 
personal estates of all the taxable inhabitants of the city, 
after deducting thereout the aggregate of the assessments 
last mentioned. 

The county treasurer is to pay the amount so appor- 
tioned to the Schenectady Lancaster School Society, to 
its treasurer, for the use of said society, and the amount 
apportioned to such school districts and parts of districts, 
to the commissioners of common schools for the several 
wards, which amounts so paid to the said commissioners, 
are to be distributed and paid by them in the manner 
herein before provide J. 

To enable the county treasurer to make the apportion- 
ment required by this act, the assessors of the several 
wards are, annually, within the time limited for taking 
the census therein mentioned, to make out and deliver to 
him an abstract from the assessment rolls of their respec- 
tive wards, containing the names and the amounts of the 
assessments of the real and personal estates of each of 
the taxable inhabitants residing in the said school dis- 
tricts or parts of districts, together with the amount of the 
assessments of all real estate situate therein, and owned 
by persons residing out of such districts or parts of dis- 
tricts. 

The commissioners of schools of the city are autho- 
rized and required to divide that portion of the territory 
of the first and second wards of the city, not comprised 
within the bounds of the police, into such number of 
school districts as they may deem convenient, and to alter 
and regulate such districts in the manner provided by the 
general school lav.-. 



326 COMMON SCHOOL SYSTEM. 

The trustees of the Schenectady Lancaster School 
Society are required to make an annual report to the 
Superintendent of Common Schools, in such form as 
shall be prescribed by him, of the state and condition of 
the schools for whose benefit the school moneys shall 
have been applied in such city. 

CITY OF TROY. 
[Art. 7, Title 2, Chap. 15, Part 1 R. S. Laws of 1843, Chap. 296.] 

The four first wards of the city of Troy form one school 
district, not subject to alteration by the commissioners of 
common schools for that city. 

The common council of the city are annually, on the 
third Tuesday of May, to appoint not exceeding thirteen 
trustees, to manage the concerns of the school in such 
district, and to perform the duties of inspectors and 
trustees thereof, as required by law and the ordinances 
of the common council. 

Every trustee, before he shall enter on the duties of bis 
office, is required to take and subscribe an oath or affirma- 
tion, in the form prescribed in the constitution of the 
state, before the mayor or recorder, or one of the alder- 
men or justices of the city, and file the same in the office 
of the clerk of the city. 

For refusal or neglect to file such oath or affirmation 
within fifteen days after he shall have received notice of 
his appointment, he forfeits the sum of ten dollars, to be 
recovered in the manner prescribed in the " Act to incor- 
porate the city of Troy," passed April 12th, 1816. 

The commissioners of common schools for the city are 
required to pay to the chamberlain of said city, such a 
portion of the school moneys to be distributed by them, as 
the district above designated may be entitled to receive, 
and the same shall be paid over by the chamberlain to 
the trustees of such district. 

The common council of the city has power to raise a 
Slim not exceeding five hundred dollars annually, by tax 
on the inhabitants of such district, for repairing the school- 
house therein, and defraying the expenses of the school; 
which tax shall be assessed and collected as the other 
taxes of the city are assessed and collected, and when' 
collected, shall be paid to the chamberlain of the city. 



LOCAL AND SPECIAL PROVISIONS. 327 

In the execution of the powers which are vested in the 
common council of the city, the aldermen of the fifth and 
sixth wards are not to be considered as members of such 
council, nor be permitted to vote on any question that 
may arise therein, touching the concerns of such district 
or its school. 

The trustees of such school have power to exempt 
from the payment of tuition money and other charges, 
all such scholars and the persons sending them to 
school, as they shall judge unable to bear the charge 
thereof; and to fix the sum which each person liable 
to pay for the same shall be compelled to pay, hav- 
ing regard to the ability of the person so liable ; and to 
appoint a collector^ to collect such sums from the persons 
liable to pay the same. They are also authorized to 
appropriate the whole or any portion of the library money 
to the payment of teachers' wages, with the consent and 
approbation of the common council. 

There is required to be annually elected, at the time 
and in the manner the other officers of the city are chosen, 
one commissioner of common schools in each of the wards 
of the city of Troy ; and in each of the fifth and sixth 
wards, three inspectors of common schools for such wards. 

A portion of the first, second and fifth wards of the city 
have also been erected into a separate district, by the 
common council, in pursuance of law — possessing all the 
rights and privileges, and subject to the same liabilities 
as the other school districts formed in the fifth and sixth 
wards of said city. 

The common council are authorized, by the 16th and 
17th sections of chap. 296 of the Laws of 1834, to establish 
one or more schools in the first school district, in addition 
to the school already established by law in the said dis- 
trict, and to purchase the necessary land, and to erect 
school-houses thereon ; and when such school-houses shall 
be erected, and schools established therein, the same is 
declared to be under the control and supervision of the 
common council of said city; and the trustees to be annu- 
ally appointed by the common council for school district 
number one, are to be trustees of such additional schools, 
and to possess all the powers in relation to such additional 
schools as they now possess in relation to the school 



328 COMMON SCHOOL SYSTEM. 

established in the said first school district ; and when 
such additional schools are established, it is made the 
duty of the said trustees, under the direction of the com- 
mon council, to apportion the common school moneys 
allotted to the first school district, among the several 
schools, in proportion, as nearly as may be, to the number 
of scholars instructed in each of the said schools, or in such 
other manner as shall be just and equal. 

For the purpose of carrying these provisions into effect, 
the common council are authorized to levy and collect, by 
tax upon the estates, real and personal, of the freeholders 
and inhabitants and taxable property in the first, second, 
third and fourth wards, in the same manner that other 
taxes are levied and collected, a sum of money not exceed- 
ing two thousand dollars in any one year ; or to defray 
the necessary expenses thereof from the general funds of 
said city. 

CITY OF UTICA. 
[Chap. 137, Laws of 1843. Chap. 131, Laws of 1S44.] 

The several common schools of this city are under the 
general supervision of a board of commissioners, six in 
number, two of whom are annually elected, and hold their 
offices for three years ; any vacancy occurring in the 
board to be filled by appointment by the common council, 
for the unexpired term ; and the common council possess- 
ing the power of removal for official misconduct, by a 
vote of two-thirds of the members. 

The common council are required from time to time to 
raise by taxation on the taxable property of the city, in 
addition to the amount of school money now or hereafter 
apportioned or provided by law for common schools in said 
city, such sums as the board of commissioners shall cer- 
tify to be necessary and proper " to purchase, lease or im- 
prove sites for school-houses : to build, purchase, lease, 
enlarge, alter, improve and repair school-houses and their 
out-houses and appurtenances; to purchase, exchange, 
improve and repair school apparatus, books, furniture and 
appendages ; and to procure fuel and defray the contin- 
gent expenses of the common schools, the expenses of 
the district library of said city, and the contingent ex- 
penses of said board of commissioners, including th,e Bar 



LOCAI« AND SPECIAL PROVISIONS. 329 

lary of the clerk of said board, and to meet any deficien- 
cy which shall occur in the payment of the wages of 
teachers of the said schools, after applying to the pay- 
ment thereof the school moneys apportioned and provided 
in said city, and the tuition fees which shall be collected 
as hereinafter provided," provided such tax be not laid 
oftener than once in each year, and that the whole amount 
to be raised shall not in any one year exceed three thou- 
sand dollars. All moneys to be raised and all school mo- 
neys appropriated by law for the city are to be paid over 
to the city treasurer, and disbursed by him, on the order 
of the board of commissioners, duly certified by their 
chairman and clerk. 

The board of commissioners are authorized and re- 
quired. 

" 1. To establish and organize such and so many com- 
mon schools in said city (including the common and free 
schools now existing therein) as they shall deem requisite 
and expedient, and to alter and discontinue the same : 

" 2. To purchase or hire school-houses, and to fence 
and improve them as they deem proper : 

" 3. Upon such lots or sites, and upon any sites now 
owned by said city, to build, enlarge, alter, improve and 
repair school-houses, out-houses and appurtenances, as 
they may deem advisable : 

'* 4. To purchase, exchange, improve and repair school 
apparatus, books, furniture and appendages, and to pro- 
vide fuel for the schools, and defray their contingent ex- 
penses and the expenses of the district library : 

" 5. To have the custody and safe keeping of the school- 
houses, out-houses, apparatus, books, furniture and appen- 
dages, and to see that the ordinances of the common 
council in relation thereto be observed : 

" 6. To contract with and employ all teachers in the 
common schools, and at their pleasure to remove them : 

" 7. To pay the wages of such teachers out of the 
school moneys which shall be appropriated and provided 
in the said city, so far as the same shall be sufficient, and 
the residue thereof from the tuition fees they shall be 
authorized to collect and receive as herein provided. And 
in case the said school moneys and tuition fees shall be 
insufficient to pay such wages, then to p?!y the deficiency 



330 COMMON SCHOOL SYSTEM. 

out of the moneys to be raised by the common council of 
said city, as above mentioned. 

"8. To fix the rate of tuition fees in said schools, at a 
sum not exceeding two dollars per term, which shall be a 
period not less than eleven weeks, and to designate a per- 
son or persons, to whom the same may be paid, previous 
to the issuing a warrant for the collection thereof; and to 
exempt from the payment of the whole or any part of the 
tuition fees, such persons as they may deem entitled to 
such exemption, for indigence, or any other sufficient 
cause, and cause a list of the persons so exempted, with 
the extent of their exemption, to be kept by the clerk of 
the board : 

" 9. To defray the necessary contingencies of the board, 
including an annual salary to the clerk, which shall not 
exceed one hundred dollars, provided that the account of 
such expenses shall first be audited and allowed by the 
common council : 

*' 10. After the end of each school term to make out a 
rate-bill, containing the name of each person liable to pay 
tuition fees, who shall not have paid them prior to the 
making out of such rate-bill, to the person or persons 
designated by the board for that purpose, and the amount 
for which such person is liable, adding thereto a sum not 
exceeding five cents on each dollar of the sum due for 
collectors' fees, and to annex to such rate-bill a warrant 
for the collection thereof. 

"11. To deliver such rate-bill, with the warrant an- 
nexed, to one of the collectors of taxes of said city, who 
shall execute the same, in like manner, and with like 
effect with the other warrants for the collection of taxes 
placed in his hands, or in their discretion to deliver the 
same to a collector, to be appointed by said board of com- 
missioners, who shall, if required by said board, execute 
to said commissioners, in their corporate capacity, a bond, 
with one or more sureties, to be approved by said com- 
missioners, or a majority of them, which bond, as to its 
penalty and conditions, shall be the same as is by law 
required to be executed by the collectors of school dis- 
tricts ; and the said board of commissioners shall have the 
same power and authority in regard to said bond and the 
collection thereof, as the trustees of school districts have 



LOCAL AND SPECIAL PROVISIONS. 331 

by law in regard to the bonds given by collectors of school 
districts ; and the said collector shall have the same power 
in the execution of said warrant, that the collectors of 
taxes of said city have by virtue of this act." 

" 12. To have in all respects the superintendence, 
supervision and management of the common schools in 
said city; and from time to time to adopt, alter, modify 
and repeal, as they may deem expedient, rules and regu- 
lations for their organization, government and instruction, 
for the reception of pupils, and their transfer from one 
school to another, and generally, for the promotion of 
their good order, prosperity and public utility : 

*' 13. Whenever in the opinion of the board it may be 
advisable to sell any of the school-houses, lots or sites, or 
any of the school property now or hereafter belonging to 
the city, to report the same to the common council ; 

"14. To prepare and report to the common council such 
ordinances and regulations as may be necessary or proper 
for the protection, safe-keeping, care and preservation of 
school-houses, lots, sites and appurtenances, and all the 
property belonging to the city, connected with, or apper- 
taining to the schools, and to suggest proper penalties for 
the violation of such ordinances and regulations ; and an- 
nually to determine and certify to the said common coun- 
cil, the sums in their opinion necessary or proper to be 
raised for the purchase, lease or improvement of sites for 
school-houses ; the building, purchase, lease, enlargement, 
alteration, improvement and repair of school-houses and 
their out-houses and appurtenances; the purchase, ex- 
change, improvement and repair of school apparatus, 
books, furniture and appendages; the procurement of fuel, 
the contingent expenses of the common schools and the 
expenses of the district library of the city, specifying the 
sums required for each : 

" 15. To unite with the commissioners [Town Super- 
intendents] of any adjoining town, and form, regulate 
and alter any district out of any portion of the said city 
and such town, whenever they shall deem it necessary 
and proper to do so : in which case so far as such district 
or districts are concerned, said board shall, during the 
existence of such districts, have the same power and du 



332 COMMON SCHOOL SYSTEM. 

ties which the commissioners [Town Superintendents] of 
towns have : 

" 16. Between the first day of July and the first day of 
August in each year to make and transmit to the county 
clerk a report in writing, setting forth the number of dis- 
tricts in the city separately set off, an account and descrip- 
tion of all the common schools kept in the said city dur- 
ing the preceding year, and the time they have severally 
been taught, the number of children taught in the said 
schools respectively, and the number between 5 and 16 
residing in the city on the first day of January preceding, 
the amount of school moneys received by the treasurer of 
said city during the preceding year, distinguishing the 
amount received from the county treasurer, from the town 
collector, and from any other and what source ; the man- 
ner in which such moneys have been expended, and whether 
any and what part remains unexpended, and for what 
cause, the amount of money received for tuition fees dur- 
ing the year, and the amount paid for teachers' wages in 
addition to the public moneys, with such other informa- 
tion as the Superintendent of Common Schools may from 
time to time require." 

For the purpose of making out rate-bills, and collecting 
the amounts not collectable on the warrants delivered to 
the collector, the board of commissioners are vested with 
the powers conferred by the general law on trustees of 
school districts. In all their expenditures and contracts 
they are to have reference to the funds subject to their 
ordar during the current year, for the particular expendi- 
ture in question. They are also to perform all the duties, 
and are subject to all the liabilities of trustees of the dis- 
trict library in said cit)'-; to provide a room, and all neces- 
sary furniture for such library, appoint a librarian, pur- 
chase books, exchange or cause to be repaired damaged 
books ; sell any books they may deem useless or of im- 
proper character, and apply the proceeds to the purchase 
of other books for the said library. 

Fifteen days before the annual election for city officers 
in each year, the board are required to report to the com- 
mon council, the amount of moneys received and expended 
by them, for each and every object of expenditure, which 



LOCAL AND SPECIAL PROVISIONS. 333 

Statement is to be published by the common council ten 
days prior to such election. 

The board are subject to the rules and regulations from 
time to time prescribed by the Superintendent of Common 
Schools, so far as the same are applicable under the spe- 
cial provisions of the act by which they are constituted. 

The common council are authorized and required to 
pass such ordinances and regulations as the board of com- 
missioners may report as necessary and proper for the pro- 
tection, safe keeping, care and preservation of the school- 
houses, lots, sites and appurtenances, and all the necessary 
property belonging to or connected with the schools. They 
are also to sell upon such terms as they may deem advi- 
sable, such of the school-houses, lots or sites, or any of 
the school property belonging to the city, as the board of 
commissioners shall report to them for that purpose ; and 
the proceeds of such sale are to be paid over to the trea- 
surer of the city, subject to the order of the board, and 
to be expended by the latter in the purchase, leasing, re- 
pairs or improvements of other school-houses, lots, school 
furniture, apparatus or appurtenances. 

The title to the school-houses, sites, lots, furniture, 
books, apparatus and appurtenances, and all the other 
school property, is declared to be vested in the city ; and 
while used or appropriated for school purposes is not lia- 
ble to levy or sale under any warrant or execution, nor to 
taxation or assessment for any purpose ; and the city in its 
corporate capacity is authorized to take, hold and dispose 
of any real or personal estate, transferred to it by gift, 
grant, bequest or devise, for the use of the common schools, 
either directly or to any other person in trust for said 
schools. 

TOWN AND VILLAGE OF WTLLIAMSBURGH. 
[Chap. 182, Laws of 1843.] 

There are three permanent school districts in this town, 
established by law, corresponding in extent and bounda- 
ries, with the three assessment districts ; the annual meet- 
ings in each of which are required to be held on the sec- 
ond Monday of May in each year. The trustees of each 
district are required annually, at least three weeks before 
such annual meeting, to " prepare an estimate of the 



334 COMMON SCHOOL SYSTEM. 

amount which they shall deem necessary to pay the debts 
of such district, and for the support of common schools 
therein for the ensuing year, exclusive of the moneys 
which they shall be entitled to receive from the Town 
Superintendent, and including the sums required for the 
purchase of necessary furniture, apparatus and books, and 
for contingent expenses;" to publish such estimate in con- 
nection with their notice for the annual meeting, and to 
lay the same before the inhabitants- when assembled, who 
are required to vote upon each item separately. The 
trustees are then to deliver a certified copy of the vote, 
specifying the item and the aggregate amount directed to 
be raised, to the supervisor of the town, who is required 
to lay the same before the board of supervisors of the 
county of Kings, at their next meeting thereafter. Such 
board are required annually upon the receipt of such cer- 
tificate, to add to the sum of money to be raised in each 
assessment district of the town of Williamsburgh, for 
town purposes, the amount so directed to be raised for 
school purposes. This amount when collected is to be 
paid over to the trustees or one of them of the respective 
districts, to be applied to the purposes for which the same 
was raised. 

When any amount is voted in either of the districts, 
for the purchase of a site, and the erection or repair of a 
school-house, a certified copy of such resolution is requir- 
ed to be transmitted to the clerk of the board of supervi- 
sors who is required to lay the same before the board : by 
whom such amount is to be included in their next annual 
tax list for said district, and to be collected, paid over and 
applied in the same manner as above specified. 



LOCAL AND SPECIAL PROVISIONS. 33d 

STATE NORMAL SCHOOL. 



By chap. 311, Laws of 1844, the sum of $9,600 is ap- 
propriated for the first year, and $10,000 annually for five 
years thereafter, and until otherwise directed by law, for 
the establishment and support of a *' Normal School for 
the instruction and practice of teachers of Common Schools 
in the science of education and in the art of teachinof." 
This institution is required to be located in the county of 
Albany ; and is to be under the supervision, management 
and direction of the Superintendent of Common Schools 
and the Regents of the University, who are authorized 
and required " from time to time to make all needful 
rules and regulations ; to fix the number and compensa- 
tion of teachers and others to be employed therein ; to 
prescribe the preliminary examination, and the terms and 
conditions on which pupils shall be received and instructed 
therein — the number of pupils from the respective cities 
and counties, conforming as nearly as may be to the ratio 
of population — to fix the location of the said school, and 
the terms and conditions on which the grounds and build- 
ings therefor shall be rented, if the same shall not be 
provided by the corporation of the city of Albany ; and 
to provide in all things for the good government and 
management of the said school." They are required to 
appoint a board, consisting of five persons, including the 
Superintendent of Common Schools, who are to constitute 
an executive committee for the care, management and 
government of the school, under the rules prescribed by 
the Board of Resfents. Such executive committee are to 
make full and detailed reports from time to time to the 
Superintendent and Regents, and among other things to 
recommend such rules and regulations as they may deem 
proper for said schools. 

The Superintendent and Regents are required annually 
to transmit to the legislature an account of their proceed- 
ings and expenditures, together with a detailed report 
from the executive committee, relating to the progress, 
condition and prospects of the school. 

Executive Committee. — Hon. Samuel Young, State Superin- 
tendenVRev. Alonzo Potter, D. D., Rev. Wm. H. Campbell, 
Gideoh^Hawley and Francis Dwight, Esqrs. 



I 



J 



.otA^^y c.-Q>^^-C 



7^ 



/ e^/^-t^' , (^AA^^i/C^.t 



1 



